00042722IFB.pdf

Invitation for Bid (IFB)

00042722 Physics BAS Infrastructure

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Issue Date:

Pre-Bid Conference:

Deadline for Questions:

Bid Due by:

Bid Opening Date:

06/11/2026 Tuesday July 14, 2026 at 10:00 AM July 21, 2026 by COB July 28, 2026 by 3:00 PM July 28, 2026 at 3:15 (Details Section A2)

WARNING: Contractors who have received this document from a source other than eMaryland Marketplace should visit the State's eMaryland Marketplace Advantage (eMMA) web site and register as a Vendor. The University uses this web site to post solicitations and all solicitation amendments. The University does not maintain a Proposers/Bidders list.

You are cautioned not to make changes to any of the terms and conditions in this solicitation. Doing so may render your bid non-responsive and subject to rejection.

Bids containing terms and conditions contrary to the University of Maryland's terms and conditions or bids taking exception to any of the terms and conditions in this Invitation for Bid may be considered non-responsive and the bid may be rejected.

Questions and comments may be addressed to the point of contact identified in Section A-1, Item 9 of this document.

IFB-00042722 Physics BAS Upgrade

Section A-1 - Solicitation / Contract Form

Section A-2 - Instructions, Conditions and Notices to Bidders Notice to Bidders A - Issuing Office B - Pre-Bid Conference C - Questions D - Submission of Bids E - IFB Opening Date F - Late Bids G - Duration of Bid H - Amendments to the IFB I - Evidence of Responsibility J - Public Information K - Electronic Funds Transfer (EFT) L - Formation of Agreement/Contract with Successful Bidder M - Affidavits N – Notice to Bidders – Small Business Reserve Procurement O – Living Wage Requirements

Section B - Pricing

Section C - Description/Specifications/Statement of Work

Specifications

1.0 - Background

2.0 - Deliverables

3.0 - Bidder Qualifications

4.0 - Records and Record Retention

5.0 - Additional Items

Section D - Packaging & Marking

Section E - Inspection and Acceptance

Section F - Deliveries or Performance

Section G - Contract Administration Data

1 - Roles of the University of Maryland Program Manager and Procurement Officer 2- Invoicing 3 - Schedule of Payments 4 - Assignment

5 - Notices

Section H - Special Contract Requirements

1 - Term of Contract 2 - Insurance Requirements 3 - Parking 4 - Minority Business Enterprise (MBE) Notice 5 - Bid Security or Performance Bond Requirements 6 - Reservation of Rights 7 - Samples 8 - Unable To Bid 9 - Bid Affidavit 10 - Conflict of Interest Affidavit and Disclosure 11 - Minority Business Enterprise (MBE) Participation and Associated Forms 12 - Incurred Expenses

PART II - CONTRACT CLAUSES

Section I - Contract Clauses

1. Scope of Work

2. Compensation and Method of Payment

3. Contract Term

4. University Work Rules

5. Harmony

6. Clean Up

7. Independent Contractor

8. Multi-Year Contracts Contingent Upon Appropriations

9. Variations in Estimated Quantities

10. Liquidated Damages

11. Cost and Price Certification

12. Delays and Extensions of Time

13. Suspension of Work

14. Payment of University Obligations

15. Delivery and Acceptance

16. Non-Hiring of Officials and Employees

17. Nondiscrimination in Employment

18. Financial Disclosure

19. Political Contribution Disclosure

20. Disputes

21. Termination for Convenience

22. Termination for Default

23. Arrearages

24. Compliance with Laws

25. Retention of Records

26. Tax Exemption

27. Registration

28. EPA Compliance

29. Occupational Safety and Health Act

30. Maryland Law Prevails

31. Software Licensing

32. MUCITA

33. Applicability of Federal Laws

34. Protests and Claims

35. Intellectual Property

36. E-Maryland Marketplace

37. Eligibility to Purchase

38. Changes 40 Information Technology Accessibility

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Section J - List of Attachments

Bid/Proposal Affidavit Contract Affidavit Conflict of Interest Information Conflict of Interest Affidavit and Disclosure Principles of Social Responsibility and Social Responsibility Affidavit Information Social Responsibility Affidavit and Disclosure Certification Regarding Investment Activities in Iran

Minority Business Enterprise (MBE) Participation

PART I - THE SCHEDULE

SECTION A-1 – SOLICITATION / CONTRACT FORM

1. CONTRACT NUMBER 2. SOLICITATION NUMBER

IFB 00042722

3. TYPE OF SOLICITATION

INVITATION FOR BID

5. REQUISITION NO.

REQ-00042722

6. ISSUED BY

UNIVERSITY OF MARYLAND

DEPARTMENT OF PROCUREMENT & BUSINESS SERVICES

2113-R CHESAPEAKE BUILDING

4300 TERRAPIN TRAIL

COLLEGE PARK, MARYLAND 20742-3111

7. ADDRESS BID TO (Electronic delivery, see A2 Section D)

UNIVERSITY OF MARYLAND

DEPARTMENT OF PROCUREMENT & BUSINESS SERVICES

Attn: IFB # 000424722

2113-R CHESAPEAKE BUILDING

4300 TERRAPIN TRAIL

COLLEGE PARK, MARYLAND 20742-3111

SOLICITATION

8. CAUTION – LATE Submissions, Modifications, and Withdrawals; Subsection F entitled "Late Bids". All Bids are subject to all terms and conditions contained in this solicitation.

9. FOR

INFORMATION

CALL

A. NAME

R. Denise Elliott, C.P.M.

B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

Elliott1@umd.edu

D. FAX NUMBER

AREA CODE

NUMBER

405-3371

BID (Must be fully completed by Bidder)

10. In compliance with the above, the undersigned agrees, if this Bid is accepted within the time period specified in Section A-2, Subsection G, to furnish any or all items upon which prices are Bid at the price set opposite each item, delivered at the designated point(s), within the time specified in the Schedule.

11. ACKNOWLEDGEMENT OF AMENDMENTS

(The Bidder acknowledges receipt of amendments to the SOLICITATION for Bidders and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

This contract incorporates the Solicitation/Invitation for Bid and any amendments and modifications thereto, as well as Bidder's Bid and amendments thereto. In the event of a discrepancy between the terms of this contract, including amendments and modifications made thereto, and Bidder's Bid and amendments made thereto, the discrepancy shall be resolved by giving precedence in the following order:

a) This Contract, including the Solicitation/Invitation for Bid and amendments made thereto

b) Bidder's Bid, including amendments made to the Bid.

This contract, including the documents incorporated by reference, contains the entire agreement of the parties and supersedes all prior agreements and understandings, oral or otherwise, between the parties.

12. NAME, ADDRESS AND FEI NUMBER

OF BIDDER

13. BIDDER REMIT-TO ADDRESS 14. NAME AND TITLE OF PERSON

AUTHORIZED TO SIGN BID (Print or Type)

15. TELEPHONE NUMBER 16. SIGNATURE 17. BID DATE

AREA CODE NUMBER EXT.

AWARD (To be completed by University)

18. ACCEPTED AS TO ITEMS LABELED 19. AMOUNT 20. WD ACCOUNT NUMBER

21. ADMINISTERED BY (If other than Item 6)

22. NAME OF PROCUREMENT OFFICER

(Type or Print)

23. UNIVERSITY OF MARYLAND

(Signature of Procurement Officer)

24. AWARD DATE

IMPORTANT – Award will be made on this Form or by other authorized official written notice.

4. DATE ISSUED

June 11, 2026

IFB-00042722 Physics

SECTION A2 -- INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

Notice to Bidders

To ensure that your bid complies with the University of Maryland’s procurement regulations the following forms must be completed and submitted with your Bid:

1. Solicitation

2. Part I, Section A-1 – SOLICITATION / CONTRACT FORM

3. Price Schedule (Part I, Section B)

4. Representations and Certifications (Part IV)

• Required Affidavit (Part IV, Section K1)

• Conflict of Interest Affidavit and Disclosure (Part IV Section K2)

• Social Responsibility

• Iran

5. Acknowledgement of all amendments issued (if any).

Failure to submit any portion of these required documents may cause your Bid to be non-responsive and to be rejected.

Please direct any questions to the individual identified in Part I, Section A1, block #9.

A. ISSUING OFFICE

The sole point of contact at the University of Maryland, College Park (hereinafter “University” or “University of Maryland”) for purposes of this Invitation for Bid (IFB) is the Issuing Office. The location of the Issuing Office is contained in Part I, Section A-1, Item 6 of this document. Point of contact information is listed in Part I, Section A-1, Items 9(a) through 9(d) of this document.

B. PRE-BID CONFERENCE – July 14 ,2026 at 10:00 AM. The group will meet at 4150 Campus Drive, West Entrance along Regent Drive, College Park, MD 20742.

C. QUESTIONS

Each Bidder is responsible for reading carefully and understanding fully the terms and conditions of this IFB. All contact between Bidders and the University will be formally made at scheduled meetings or in writing through the Issuing Office. Requests for clarification or additional information must be made in writing to the Procurement Officer and received at the Issuing Office by close of business July 21, 2026. Email questions to Elliott1@umd.edu Enter the following phrase in “Subject” header: “QUESTIONS: IFB 00042722”. Only written communications relative to the procurement shall be considered. All questions will be answered in writing. Both questions and answers will be distributed, without identification of the inquirer(s), to all Bidders who are on record with the Procurement Officer as having received this IFB. No oral communications can be relied upon for Bid purposes.

IFB-00042722 Physics BAS Upgrade mailto:Elliott1@umd.edu

To the extent that a question causes a change to any part of this IFB, an amendment shall be issued addressing such.

D. SUBMISSION OF BIDS

Bids must be (1) submitted in the format set forth herein, (2) made in the official name of the firm or individual under which Bidder's business is conducted (including the official business address),

(3) signed by a person duly authorized to commit Bidder to the Bid, (4) submitted electronically to the Procurement Officer as set forth herein.

Bids must be uploaded electronically to:

https://umd.app.box.com/f/2afc3638aa1c40e29c961ee7f68f736d

BY 3:00PM on July 28, 2026. THE REQUIRED DOCUMENTS (per the NOTICE TO

BIDDERS) MUST BE COMPLETED AND SIGNED

The Bidder must complete Items 11, 12, 13, 14, 15, 16 and 17 of the Solicitation/Contract Form (Section A-1) of this document. Failure to submit this signed document may cause the bid to be rejected, at the sole discretion of the University.

The Bidder must submit the original Bid Price form and copies of descriptive literature of all items quoted. The University reserves the right to produce additional copies of any or all parts of the Bid for the evaluation and selection process.

E. IFB OPENING DATE

July 28, 2026 at 3:15PM via Zoom conference:

https://umd.zoom.us/j/5028892558?pwd=a2VLODE4Z0JyWm9EOTBJTy83NVVCZz09&omn=9 4657883602

F. LATE BIDS

Any Bid, request for withdrawal, or modification of a Bid that is not received at the designated location, time and date set forth herein will be considered late and shall not be considered.

Delivery of the Bid to the specified location by the prescribed time and date is the sole responsibility of the Bidder. Exceptions may be authorized, at the sole discretion of the Procurement Officer, when the reason for the late Bid, late request for withdrawal or late modification of a Bid is due to the action or inaction of the University. A record of the late Bid, request for withdrawal, or modification of a Bid, shall be made in the appropriate procurement file.

G. DURATION OF BID

Bids shall be valid for a minimum of 90 days following the opening date of this IFB. By submis-sion of a Bid, Bidder guarantees that its bid shall be firm for the period specified above.

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H. AMENDMENTS TO THE IFB

If it becomes necessary to revise any part of this IFB, notice of the revision will be given in the form of an amendment to Bidders who are on record with the Procurement Officer as having received this IFB. All amendments shall become a part of this IFB. Each Bidder must acknowledge receipt of amendments, and the failure of a Bidder to acknowledge any amendment shall not relieve the Bidder of the responsibility for complying with the terms thereof.

I. EVIDENCE OF RESPONSIBILITY

Prior to the award of a contract pursuant to this IFB, the Procurement Officer may require Bidder to submit such additional information bearing upon Bidder's ability to perform the contract as the Procurement Officer deems appropriate. Documentation may include annual reports, cash flow statements, balance sheets, income statements and other documentation as required by the Procurement Officer. The Procurement Officer may also consider any information otherwise available, and other qualifications or abilities of the Bidder.

J. PUBLIC INFORMATION

All bids will be made available for public inspection after award.

K. ELECTRONIC FUNDS TRANSFER (EFT) –(Applies to contracts expected to exceed $200,000)

By submitting a response to this solicitation, the Offeror agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. The selected Offeror shall register using the COT/GAD X-10 Vendor Electronic Funds Registration Request Form, which may be found on the following website:

https://www.marylandtaxes.gov/divisions/gad/eft-program.php

Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X-10 form and must include the business identification information as stated on the form and include the reason for the exemption.

See Payment of University Obligations clause in PART II, Contract Clauses, Section I for additional information.

L. FORMATION OF AGREEMENT/CONTRACT WITH SUCCESSFUL BIDDER

This Contract shall also include any other forms or documents deemed necessary by the Procurement Officer.

This IFB and any resulting contract shall be governed by the University System of Maryland Procurement Policies and Procedures, and University of Maryland Procurement Policies and Procedures. These policies and procedures may be viewed at the following web site:

www.purchase.umd.edu. Click on this web site, then select the category "Policies and Procedures".

IFB-00042722 Physics BAS Upgrade https://www.marylandtaxes.gov/divisions/gad/eft-program.php http://www.purchase.umd.edu/

M. AFFIDAVITS

a. BID AFFIDAVIT

Contractors must complete and sign the Bid Affidavit. A copy of this Bid Affidavit is included in Section K.

b. CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE

Contractors must complete and sign this affidavit. A copy of this affidavit is included in Section K.

c. FEDERALLY-FUNDED AFFIDAVIT – Not Applicable

N. SMALL BUSINESS RESERVE - Procurement not SBR designated.

O. LIVING WAGE REQUIREMENTS - Not Applicable

IFB-00042722 Physics

SECTION B – PRICING

Firms shall submit their Bid prices on the Bid Price form. The Bid Price form is to be completed in full for each Bid and shall be incorporated herein.

Prices on the Bid Price form submitted must include all associated costs including, but not limited to, costs such as travel, mark-up, overhead, administrative costs and profit. Blanks on the Bid Price form will be interpreted as zero (0) and no price will be allowed for that item.

Firms shall submit their Bid prices on the Bid Price form. The Bid Price form is to be completed in full for each Bid and shall be incorporated herein. Prices on the Bid Price form submitted must include all associated costs including, but not limited to, costs such as travel, mark-up, overhead, administrative costs and profit. Blanks on the Bid Price form will be interpreted as zero (0) and no price will be allowed for that item.

EVALUATION

Award shall be made to the low responsive/responsible Bidder meeting all requirements in the solicitation. The University reserves the right to award by item, groups of items or total bid. It is permissible for bidders to limit their bid to an all or none award provided that such is clearly stated on their Bid.

Any bid which is materially unbalanced may be rejected. An unbalanced bid is one that is based on prices that are, in the judgement of the procurement officer, may be significantly overstated for some items and may be understated for other items.

The delivery schedule identified in this IFB is a strict requirement of the IFB. Failure to commit to meeting the schedule may result in your bid being non-responsive and in rejection of your bid.

Payment Terms are Net 30 unless otherwise stated. Discounts for prompt payment will not be considered in the evaluation of bids. However, any offered discounts will form a part of the award and will be taken if payment is made within the discount period indicated in the Contractors bid.

IFB-00042722 Physics

All elements of Specifications are included in pricing.

Quote F.O.B. Delivered. To be responsive, costs for shipping and insurance must be incorporated with the unit price for each item. Failure to comply may result in rejection of your bid as non-responsive.

Contractor shall provide a lump sum bid for this work with schedule of value pricing detail.

ITEM

NO

PLEASE ENTER HEREON YOUR BID ON THE FOLLOWING DESCRIBED

ARTICLES OR SERVICES

1 Physics BAS Upgrade SOW at:

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IFB-00031388

Price Form

Lump Sum Price

IFB-00042722 Physics

SECTION C -- SPECIFICATIONS AND DESCRIPTION OF WORK

SPECIFICATIONS

All materials, equipment, supplies or services offered in response to this solicitation shall conform to Federal and State laws and regulations and to the specifications contained in this solicitation. Unless otherwise specified herein by the University, all materials are to be new and of first quality.

Any manufacturer’s names, trade names, brand names, information or catalog numbers listed in a specification are to establish a standard for the materials, equipment, supplies, or services solicited and are not intended to limit competition. Bidders may offer any brand which meets or exceeds the specification for any item(s). If a Bidder offers an equivalent product or products, the bidder shall indicate on the Bid Price form the manufacturer’s name(s) and the catalog number(s) or other identifying number(s) of the product(s) offered. The Bidder shall also submit with his bid, cuts, sketches, descriptive literature and complete specifications of the product(s) offered. The Bidder shall explain in detail the reason or reasons why the offered product(s) should be considered equivalent to the product(s) specified and should not be considered a non-responsive bid.

If the required information is not provided with the bid the University reserves the right to consider any bid of non-specified product(s) to be non-responsive. In any event, the University reserves the right to determine whether an offered product(s) is an approved equivalent to the product(s) specified. Bids lacking any written indication of a Bidder’s intent to bid an alternate product(s) to that specified shall be received and considered to be in complete compliance with the specifications as listed.

If a Bidder offers items other than the requested items the bidder must submit descriptive literature of all such products offered.

The successful bidder shall be responsible for demonstrating to University satisfaction that the proposed equipment meets or exceeds specifications within fifteen (15) working days of receipt of the request. Contractor shall be prepared to hold any such demonstration on site at the University’s request, at no additional charge to the University.

Scope:

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SECTION D - PACKAGING AND MARKING

The following packaging and marking requirements are incorporated herein:

The Bidder shall:

1. Pack and mark each shipment to comply with specifications contained herein. In the absence of specifications, prepare each shipment in conformance with carrier requirements and accepted trade practices.

2. Mark the outside of each shipment carton with the applicable contract number.

3. Deliver each shipment in good order and condition to the point(s) of delivery specified herein.

4. Be responsible for any loss and/or damage to the goods occurring before receipt of each shipment by the consignee at the delivery point(s) specified herein.

5. Furnish a delivery schedule and designate the mode of delivering carrier.

IFB-00042722 Physics

Section E - Inspection and Acceptance

The following inspection and acceptance requirements are incorporated herein:

1. System inspection, testing, and acceptance shall be in accordance with Section C, of this

IFB.

IFB-00042722 Physics

Section F - Deliveries or Performance

The following delivery or performance requirements are incorporated herein:

1. The following is the delivery schedule for this IFB:

The contractor is fully responsible for finishing all work within this scope

2. by within 180 calendar days of notice to proceed.

3. Prices quoted shall include all transportation and delivery charges fully prepaid by the Bidder, Free On Board (FOB) Destination to the University of Maryland (insert other location(s) if different).

4. When installation is required as part of this contract, the Contractor shall be responsible for removal of all packing materials.

Installation includes:

a. Meeting the shipment at the loading dock.

b. Unloading of the shipment.

c. Delivery to the proper room.

d. Uncrating and/or unwrapping of all items.

e. Assembly of all items.

f. Demonstration that all items are fully functional.

g. Removal of all debris resulting from uncrating and/or unwrapping items.

Contractor is to protect floors and walls to avoid damage to the building. Any damage to the facility or equipment within the facility resulting from the installation shall be corrected to the satisfaction of the University at no additional charge.

IFB-00042722 Physics

Section G - Contract Administration Data

1. Roles of the University of Maryland Using Department Representative and Procurement Officer The Procurement Officer is the University of Maryland’s authorized representative for all pre-contract matters related to this contract. Additionally, throughout the duration of the contract, the Procurement Officer shall be the only individual with authority to modify any provisions of this contract including, without limitation, the statement of work, pricing or any other sections.

The University of Maryland’s Using Department Representative, Ryan Reich at (301) 314-3486, and designated staff shall be the principal interface on behalf of the University of Maryland for post-award technical matters, and shall have the authority to explain and provide further details regarding the University of Maryland’s expectations concerning the work to be performed hereunder and/or the items to be provided herein. The Contact Person and designated staff shall have no authority to modify any provisions of this contract.

2. Invoicing The Contractor shall provide the following invoicing services. Invoices shall reflect the price structure spelled out in Section B.

Throughout the duration of any resultant contract, the Contractor shall provide one original paper copies of each invoice. The paper invoice must contain the following minimum information:

a. Invoice Number

b. Invoice Date

c. The word ORIGINAL printed on the original copy of the document.

d. The full company or corporate name and address; payment address if it differs from corporate address.

e. The full nine (9) digit Federal Tax Identification number (for U.S. Contractors only) or Social Security Number.

f. Purchase order number and/or contract number.

Any invoice that is unclear, illegible or does not conform to these specific requirements shall be returned to the Contractor for re-issuance.

3. Schedule of Payments

None specified

4 Assignment No part of the work specified herein may be assigned or transferred to another Contractor without the prior written authorization of the Procurement Officer.

IFB-00042722 Physics

5. Notices

Notices under this contract shall be in writing and shall be considered effective upon personal delivery to the individual listed below or five calendar days after deposit in any U.S. mailbox, first class and addressed to the other party as follows:

For the University of Maryland:

R. Denise Elliott, C.P.M.

Procurement & Strategic Sourcing University of Maryland 2113-R Chesapeake Building College Park, MD 20742-3111 Telephone: 301-405-3371 Email: Elliott1@umd.edu

For Bidder: (please complete the following)

Telephone: ____________________

Email: __________________________

IFB-00042722 Physics BAS Upgrade mailto:Elliott1@umd.edu

Section H - Special Contract Requirements

1. Optional Quantities

The University reserves the unilateral right to purchase additional quantities/hours of labor or items bid at the prices bid during the period in which bids are valid.

2. Insurance Requirements The Contractor shall defend, indemnify and save harmless the University System of Maryland, its officers, employees and agents, from any and all claims, liability, losses and causes of actions which may arise out of the errors, omissions and performance or non-performance by the Contractor, employees or agents, of the work covered by this contract. The University shall not assume any obligation to indemnify, hold harmless or pay attorneys' fees that may arise from or in any way be associated with the performance or operation of this agreement.

The Contractor shall secure, pay the premiums for, and keep in force until the expiration of this contract, including any renewal thereof, adequate insurance as provided below, such insurance to specifically include liability assumed by the Contractor under this contract. The amounts of insurance coverage specified below shall be the minimum amount of available insurance to satisfy claims; a policy which allows the costs associated with investigating, management or defense of any claim, or any other cost incurred by the insured or the insurance carrier, to be deducted from the policy limits is not acceptable.

a. Commercial General Liability Insurance including all extensions- $2,000,000 each occurrence;

$2,000,000 personal injury;

$2,000,000 products/completed operations;

$2,000,000 general aggregated

b. Workmen's Compensation Insurance and Unemployment Insurance as required by the laws of the State of Maryland.

c. Professional Liability Insurance, with a limit of not less than $1,000,000 per occurrence.

d. If automotive equipment is used in the operation, automobile bodily injury liability insurance with limits of not less than $1,000,000 for each person and $2,000,000 for each accident, and property damage liability insurance, with a limit of not less than $2,000,000 for each accident.

e. Products liability insurance, if not included in the Comprehensive, with limits of not less than $1,000,000 for each person and $2,000,000 for each accident.

IFB-00042722 Physics

All policies for liability protection, bodily injury or property damage must specifically and expressly name the University System of Maryland as an insured with respect to operations under the contract and premises occupied by the Contractor. With respect to the Contractor's liability for bodily injury or property damage under the items above, such insurance shall cover and not exclude Contractor's liability for injury to the property of the University System and to the persons or property of employees, students, faculty members, agents, officers, regents, invitees or guests of the University System.

Each insurance policy shall contain the following endorsement: "It is understood and agreed that the Insurance Company shall notify the Procurement Officer in writing forty-five (45) days in advance of the effective date of any reduction in or cancellation of this policy." A certificate of each policy of insurance shall be furnished to the Procurement Officer. With the exception of Workmen's Compensation, upon the request of the Procurement Officer a certified true copy of each policy of insurance, including the above endorsement manually countersigned by an authorized representative of the insurance company, shall be furnished. A certificate of insurance for Workmen's Compensation together with a properly executed endorsement for cancellation notice must always be furnished. Following the notice of contract award, the requested Certificates and Policies shall be delivered as directed by the Procurement Officer. Notices of policy changes shall be furnished to the Procurement Officer.

All required insurance coverages must be acquired from insurers registered to do business in the State of Maryland and acceptable to the University. The insurers must have a policyholders' rating of "A-" or better, and a financial size of "Class VII" or better in the latest edition of Best's Insurance Reports.

3. Parking

If at any time Contractor shall be on the premises of the University of Maryland, then Contractor is responsible for acquiring a valid University of Maryland parking permit, obeying all parking regulations, and paying all fines assessed for violations of parking regulations. Contractor is responsible for ensuring this clause is included in Contractor’s agreements with subcontractors.

4. Minority Business Enterprise (MBE) Notice

Minority business enterprises are encouraged to respond to this solicitation.

5. Bid Security or Performance Bond Requirements – Not Applicable

6. Reservation Of Rights

The University may cancel this IFB, in whole or in part, or reject all Bids submitted in response to the IFB when such action is determined to be fiscally advantageous to the University and/or the State or otherwise in the best interest of the University and/or the State. The University reserves the right to increase or decrease the quantities of any materials, equipment, supplies or

IFB-00042722 Physics services for which it is soliciting bids hereunder. The University reserves the right to award by item, groups of items or in the aggregate at the University’s discretion.

7. Samples

The University reserves the right to request and be furnished samples at no expense to the University prior to or after the award for the purpose of quality and specification evaluation. All Samples will become the property of the University and will be kept for comparison to goods furnished under any contract that results from this solicitation. The sample(s) will be considered part of the express warranty of the quality of items bid.

8. Unable To Bid

If Bidder is unable or unwilling to submit a Bid in response to the requirements, Bidder should provide a brief written explanation of the reasons to the Procurement Officer on or before the Bid due date. Failure to do so may result in Bidder’s removal from the active Bidder’s list.

9. Bid Affidavit

Each Bid submitted by a Bidder must include a completed and signed Bid Affidavit. A copy this Bid Affidavit is included in Section K.

10. Conflict Of Interest Affidavit And Disclosure

Each Bid submitted by a Bidder must include this affidavit, completed and signed. A copy of this affidavit is included in Section K.

11. Not Used

12. Incurred Expenses

The University shall not be responsible for any expenses incurred by any Bidder in preparing and submitting a Bid in response to this IFB.

IFB-00042722 Physics

PART II - CONTRACT CLAUSES

Section I - Contract Clauses

1. Scope of Work The Scope of Work is defined in Section C of this document.

2. Compensation and Method of Payment Total compensation is shown in Section A, Item 19 of this document. Method of payment is defined in Section G, Subsections 2 and 3 of this document.

3. Contract Term The contract term is defined in Section H, Subsection 1 of this document.

4. University Work Rules Employees and agents of Contractor shall, while on the premises of the University, comply with all University rules and regulations. Contractor shall be acquainted with conditions governing the delivery, receiving and storage of materials at the work site if applicable to this work, as not to interfere with University operations. Contractor shall not stop, delay, or interfere with University work schedule without the prior approval of the University’s specified representative.

5. Harmony Contractor shall be entirely responsible for working in harmony with all others on the work site when Contractor is working on University premises.

6. Clean Up Contractor agrees to clean up on a daily basis and shall at all times keep the building and premises clean of dirt, trash and debris arising out of the operation of the contract. If Contractor fails to clean up and remove such dirt, trash and debris from the job site, the University may arrange for same at Contractor’s expense. Upon the completion of the work, Contractor agrees to remove promptly all implements, surplus materials and debris if applicable when it is working on the University premises.

7. Independent Contractor It is understood and agreed that the Contractor is an independent Contractor of the University and not an employee. The University shall not withhold income taxes, social security, or any other sums from the payments made to the Contractor hereafter. If the Contractor employs additional persons in the performance of this contract, those persons shall in no way be considered employees of the University, but rather they shall be employees or Contractors of the Contractor, and the Contractor bears full responsibility for compensating those persons.

8. Multi-Year Contracts Contingent Upon Appropriations If the General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be canceled automatically as of the beginning of the fiscal year for which

IFB-00042722 Physics funds were not appropriated or otherwise made available; provided, however, that this will not affect either the University's rights or the Contractor's rights under any termination section in this Contract. The effect of termination of the Contract hereunder will be to discharge both the Contractor and the University from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the Contract. The University shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first.

9. Variations in Estimated Quantities

Where the quantity of a pay item in this contract is an estimated quantity and where the actual quantity of such pay item varies more than twenty-five percent (25%) above or below the estimated quantity stated in this contract, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above one hundred twenty-five percent (125%) or below seventy-five percent (75%) of the estimated quantity. If the quantity variation is such to cause an increase in the time necessary for completion, the Procurement Officer shall, upon receipt of a written request for an extension of time within ten (10) days from the beginning of the delay, or within a further period of time which may be granted by the Procurement Officer before the date of final settlement of the contract, ascertain the facts and make the adjustment for extending the completion date as in his or her judgment the findings justify.

10. Liquidated Damages Time is an essential element of the contract and it is important that the work be vigorously prosecuted until completion. For each day that any work shall remain uncompleted beyond the time(s) specified elsewhere in the contract, the Contractor shall be liable for liquidated damages in the amount(s) provided for in the solicitation, provided, however, that due account shall be taken of any adjustment of specified completion time(s) for completion of work as granted by approved change orders.

11. Cost and Price Certification By submitting cost or price information the Contractor certifies that, to the best of its knowledge, the information submitted is accurate, complete, and current as of a mutually determined specified date.

12. Delays and Extensions of Time

(1) The Contractor agrees to perform the work continuously and diligently and no charges or claims for damages shall be made by it for any delays or hindrances, from any cause whatsoever, during the progress of any portion of the work specified in this contract.

(2) Time extensions will be granted only for excusable delays that arise from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, acts of the public enemy, acts of the State in either its sovereign or contractual capacity, acts of another Contractor in the performance of a contract with the State, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of subcontractors or

IFB-00042722 Physics suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of either the Contractor or the subcontractors or suppliers.

13. Suspension of Work The Procurement Officer unilaterally may order the Contractor in writing to suspend, delay or interrupt all or any part of the work for such period of time as the Procurement Officer may determine to be appropriate for the convenience of the University.

14. Payment of University Obligations Payments to the Contractor pursuant to this contract shall be made no later than thirty (30) days after the University’s receipt of a proper invoice from the Contractor. Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code of Maryland, are prohibited. Electronic funds transfer (EFT) will be used by the State to pay Contractor(s) for Contracts with a value over $200,000 and any other State payments due Contractor(s) unless the State Comptroller’s Office grants Contractor(s) an exemption.

15. Delivery and Acceptance Delivery shall be made in accordance with the solicitation specifications. The University, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor’s control. The University unilaterally may order in writing the suspension, delay, or interruption of performance hereunder. The University reserves the right to test any materials, equipment, supplies or services delivered to determine if the specifications have been met. The materials listed in this IFB shall be FOB Delivered the point or points specified prior to, or on the date specified in the IFB. Any material or service that is defective or fails to meet the terms of the solicitation specifications will be rejected. Rejected materials or services shall be promptly replaced or re-performed, at the direction of the University. The University reserves the right to purchase replacement materials or services in the open market. Contractors failing to promptly replace materials or re-perform services lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any.

16. Non-Hiring of Officials and Employees No official or employee of the State of Maryland whose duties as such official or employee include matters relating to or affecting the subject matter of this contract, shall, during the pendency and term of this contract and while serving as an official or employee of the State become or be an employee of the Contractor or any entity that is a subcontractor on this contract.

17. Nondiscrimination in Employment The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, marital status, national origin, ancestry, sexual orientation (added effective October 1, 2001) or physical or mental handicap unrelated in nature and extent so as reasonably to preclude the performance of such employment; (b) to include a provision similar to that contained in subsection (a), above, in any subcontract except a subcontract for standard commercial supplies or raw material; and (c) to post in conspicuous places accessible to employees and applicants for employment, notices setting forth the substance of this section.

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18. Financial Disclosure The Contractor shall comply with State Finance and Procurement Article, §13-221, Annotated Code of Maryland, which requires that every business that enters into contracts, leases or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more, shall, within 30 days of the time when the aggregate value of these contracts, leases or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business.

NOTE: The financial disclosure form is available under "Public Disclosures" on the following web site: www.sos.state.md.us

19. Political Contribution Disclosure The Contractor shall comply with the provisions of Article 33, Sections 14-101 through 14-104, Annotated Code of Maryland, which require that every person that enters into contracts, leases, or other agreements with the State, a county, a municipal corporation or other political subdivision of the State, or their agencies, during a calendar year in which the person receives in the aggregate $100,000 or more, shall file with the State Administrative Board of Election laws a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election. The statement shall be filed with the State Administrative Board of Election Laws:

(1) prior to purchase, completion or execution of any sale or any lease or contract by the University, and shall cover the preceding two calendar years; and

(2) if the contribution is made after the completion of a sale or purchase, or execution of a lease or contract, then, twice a year, throughout the contract term, on (1) February 5, to cover the 6-month period ending January 31; and (2) August 5, to cover the 6 month period ending July 31.

NOTE: The political contribution disclosure form is available as "Title 14" under "Campaign Finance and Campaign Fund Reporting" under the "Forms" heading of the following web site:

www.elections.state.md.us

20. Disputes

(1) This contract is subject to the University System of Maryland (USM) Procurement Policies and Procedures, and the University of Maryland Procurement Policies and Procedures.

(2) Except as otherwise provided by law, all disputes arising under or as a result of a breach of this contract that are not disposed of by mutual agreement shall be resolved in accordance with this section.

(3) As used herein, "claim" means a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or interpretation of contract terms, or other relief, arising under or relating to this contract. A voucher, invoice, or request for payment that is not in dispute when submitted is not a claim under this section. However, if the submission subsequently is not acted upon in a reasonable time, or is disputed as to liability or amount, it may be converted to a claim for the purpose of this section.

(4) Within thirty days of when the basis of the claim is known or should have been known, whichever is earlier, the claim shall be made in writing and submitted to the Procurement Officer for decision in consultation with the Office of the Attorney General, as appropriate.

IFB-00042722 Physics BAS Upgrade http://www.sos.state.md.us/ http://www.elections.state.md.us/

(5) When a claim cannot be resolved by mutual agreement, the Contractor shall submit a written request for final decision to the Procurement Officer. The written request shall set forth all the facts surrounding the controversy.

(6) The Contractor, at the discretion of the Procurement Officer, may be afforded an opportunity to be heard and to offer evidence in support of his claim.

(7) The Procurement Officer shall render a written decision on all claims within 180 days of receipt of the Contractor's written claim, unless the Procurement Officer determines that a longer period is necessary to resolve the claim. If a decision is not issued within 180 days, the Procurement Officer shall notify the Contractor of the time within which a decision shall be rendered and the reasons for such time extension. The decision shall be furnished to the Contractor, by certified mail, return receipt requested, or by any other method that provides evidence of receipt. The Procurement Officer's decision shall be deemed the final action of the University.

(8) The Procurement Officer's decision shall be final and conclusive unless the Contractor mails or otherwise files a written appeal with the Maryland State Board of Contract Appeals within 30 days of receipt of the decision.

(9) Pending resolution of a claim, the Contractor shall proceed diligently with the performance of the contract in accordance with the Procurement Officer's decision.

21. Termination for Convenience

(1) The performance of work under this contract may be terminated by the University in whole or in part, in accordance with this section, whenever the University shall determine that such termination is in the best interest of the University or the State. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which performance of work is terminated and the time when such termination becomes effective.

(2) After receipt of a Notice of Termination, and except as otherwise directed by the Procurement Officer, the Contractor shall:

(a) stop work as specified in the Notice of Termination;

(b) place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of the portion of the work under the contract as is not terminated;

(c) terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination;

(d) assign to the University, in the manner, at times, and to the extent directed by the Procurement Officer, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the University shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts;

(e) settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Procurement Officer, to the extent the Procurement Officer may require, which approval or ratification shall be final for all the purposes of this section;

(f) transfer title and deliver to the University, in the manner, at the times, and to the extent, if any, directed by the Procurement Officer,

(i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced as a part of, or acquired in connection with the performance of, the work terminated by the Notice of Termination, and

IFB-00042722 Physics

(ii) the completed or partially completed plans, drawings, information, and other property which, if the contract had been completed, would have been required to be furnished to the University;

(g) use its best efforts to sell, in the manner, at the times, to the extent, and at the price or prices directed or authorized by the Procurement Officer, any property of the types referred to in (f) above; provided, however, that the Contractor

(i) may not be required to extend credit to any purchaser, and

(ii) may acquire any such property under the conditions prescribed by and at a price or prices approved by the Procurement Officer; and provided further that the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the University to the Contractor under this contract or shall otherwise be credited to the price or cost of the work covered by this contract or paid in such other manner as the Procurement Officer may direct;

(h) complete performance of such part of the work as shall not have been terminated by the Notice of Termination; and

(i) take any action that may be necessary, or as the Procurement Officer may direct, for the protection and preservation of the property related to this contract which is in the possession of the Contractor and in which the University has or may acquire an interest. The Contractor shall submit to the Procurement Officer a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by the Procurement Officer, and may request the University to remove them or enter into a storage agreement covering them. Not later than fifteen (15) days thereafter, the University shall accept title to these items and remove them or enter into a storage agreement covering the same; provided, that the list submitted shall be subject to verification by the Procurement Officer upon removal of the items, or if the items are stored, within forty-five (45) days from the date of submission of the list, and any necessary adjustment to correct the list as submitted shall be made before final settlement.

(3) After receipt of a Notice of Termination, the Contractor shall submit to the Procurement Officer his…