1-1-26-5-19-5 Bidding Documents.pdf

Popular Island Land Base Dredging And Pier Improvement

Talbot County , MD

Project ID No. 1-26-5-19-5

Rev 6/2015

BIDDING DOCUMENTS ONLY

SOLICITATION, SCOPE OF WORK,

PREVAILING WAGE, ATTACHMENTS, AND

DRAWINGS ARE NOT INCLUDED IN THIS

FILE.

CONSTRUCTION BID FORM

BID ID: 1-26-5-19-5

Popular Island Land Base Dredging And Pier Improvement

Talbot County, MD

Firm Name: ________________________________________________ Date: __________________ Having carefully examined the bid documents for the above referenced project, including, but not limited to, “Instructions to Bidders,” “General Conditions”, “Specifications” and Drawings and Addenda numbered:

and having received clarification on all items of conflict or upon which any doubt arose, the undersigned proposes to furnish all labor, materials and equipment required in accordance with these Documents.

TABLE 1 – BASE BID PRICE

Bid Item Est. Quantity x Unit Price = Total

1. Mobilization and Demobilization 1 Lump Sum 1 Lump Sum = $_________

2. Mechanical Dredging and Transport 70 CY x $________/CY = $_________

3. Wave Screen (Design, Fabrication and Installation) 1 Lump Sum 1 Lump Sum = $_________

TOTAL BASE BID PRICE $ ______________________________

(Items 1 through 3) (In numbers)

(in words) (Basis of Award)

NOTES TO BIDDERS:

A. The Basis of Award for this bid is the lowest responsive Total Bid Price in Words from a responsible bidder. Please do not round up any pricing or totals. Please note that all bid items 1-3 should be filled in correctly or your bid will be considered non-responsive.

B. If the undersigned is notified by the Maryland Environmental Service of the acceptance of this Bid within thirty (30) days of the date of bid opening, the undersigned agrees to execute a contract for the above sum and to guarantee the completion of work required under this project within ninety (90) calendar days of receiving Notice to Proceed.

C. The estimated Bid Quantities are approximate only and are solely for the purpose of facilitating the comparison of Bids.

The Contractor’s compensation will be computed upon the basis of actual quantity of completed work.

D. The undersigned further agrees that if the Poplar Island Landbase Dredging and Pier Improvement is not completed within the project period of ninety (90) calendar days, the Contractor shall be liable for liquidated damages of five hundred dollars ($500) per calendar day beyond the specified time.

E. The undersigned has read the General Conditions and acknowledges understanding that the award of the contract is subject to submission of an Affirmative Action Plan by the undersigned contractor and all of its subcontractors and acceptance of all such plans by the Maryland Environmental Service.

F. The undersigned understands that, by submitting a bid, it agrees to all of the terms and conditions of

Bid ID# 1-26-5-19-5.

G. The undersigned certifies that the Bidder (is) ______ (is not) ______ a certified MBE. If so, certified by the MD Department of Transportation and that the Certification Number is _____________.

H. Failure to properly and completely fill in all blanks may be cause for rejection of this bid.

Federal Employer Identification Number:

(or Social Security Number if no F.E.I.N.)

Const. License # Date Issued Place of Issuance

INDIVIDUAL BIDDER FIRM NAME: _______________________________________

ADDRESS: _______________________________________

TELEPHONE NUMBER: ________________________________

FAX NUMBER: _______________________________________

EMAIL: ______________________________________________

WITNESS: SIGNED: _____________________________________________

__________________________________ PRINTED NAME: _____________________________________

PARTNERSHIP BIDDER PARTNERSHIP NAME: ________________________________

TELEPHONE NUMBER: ________________________________

FAX NUMBER: _______________________________________

EMAIL: ______________________________________________

WITNESS:

________________________________ as to BY: _________________________________________________ (Signature)

(Partner Printed Name)

________________________________ as to BY: _________________________________________________ (Signature)

(Partner Printed Name)

________________________________ as to BY: _________________________________________________ (Signature)

(Partner Printed Name)

CORPORATE BIDDER CORPORATION NAME: ________________________________

TELEPHONE NUMBER: ________________________________

FAX NUMBER: _______________________________________

EMAIL: ______________________________________________

WITNESS:

________________________________ BY: _________________________________________________

* Signature of Officer/Authorized Representative

(Officer/Authorized Representative Printed Name)

Title

* If not an officer of the corporation, attach appropriate proof, dated as of the date of this Bid, evidencing authority to execute on behalf of the corporation.

6/2015

Submit with Bid/Proposal

BID/PROPOSAL AFFIDAVIT

A. AUTHORITY

I HEREBY AFFIRM THAT:

I, (print name), (title), of

(print firm name) possess the legal authority to make this Affidavit.

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in §19-103 of the State Finance and Procurement Article of the Annotated Code of Maryland. "Discrimination" means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's employees or owners. "Discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination". Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder agrees to comply in all respects with the State's Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.

B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.

The undersigned bidder 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 or proposal and:

(1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority proposal;

(2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the bid or proposal;

Effective 7/20/2012

(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 or 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 submitted by the bidder on this project, and terminate any contract awarded based on the bid.

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 or 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 or proposals for a public or private contract;

(8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract; or

(9) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in §§B and C and subsections D(1)—(8) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment):

E. AFFIRMATION REGARDING DEBARMENT

I FURTHER AFFIRM THAT:

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

F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES

I FURTHER AFFIRM THAT:

(1) The business was not established and it does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections 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. SUB-CONTRACT AFFIRMATION

I FURTHER AFFIRM THAT:

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

H. AFFIRMATION REGARDING COLLUSION

I FURTHER AFFIRM THAT:

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

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

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

I. 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, the State Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement.

J. CONTINGENT FEES

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. ACKNOWLEDGEMENT

I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this bid or proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits comprising part of the contract.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE

CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY

KNOWLEDGE, INFORMATION, AND BELIEF.

Date:

By: (print name of Authorized Representative and Affiant)

(signature of Authorized Representative and Affiant)

Effective 5/25/2017

CONFLICT OF INTEREST

Reference COMAR 21.05.08.08

A. "Conflict of interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to MES, 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/Offeror, Contractor, consultant, or subcontractor or sub-consultant at any tier, and also includes an employee or agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a Bid/Proposal is made.

C. The Bidder/Offeror warrants that, except as disclosed in §D, below, there are no relevant facts or circumstances now giving rise or which could, in the future, give rise to a conflict of interest.

D. The following facts or circumstances give rise or could in the future give rise to a conflict of interest (explain in detail—attach additional sheets if necessary):

E. The Bidder/Offeror agrees that if an actual or potential conflict of interest arises after the date of this affidavit, the Bidder/Offeror shall immediately make a full disclosure in writing to the procurement officer of all relevant facts and circumstances. This disclosure shall include a description of actions which the Bidder/Offeror has taken and proposes to take to avoid, mitigate, or neutralize the actual or potential conflict of interest. If the contract has been awarded and performance of the contract has begun, the Contractor shall continue performance until notified by the procurement officer of any contrary action to be taken.

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) http://www.dsd.state.md.us/comar/getfile.aspx?file=21.05.08.08.htm

Revised January 2005

SECTION 00230

Bond No. ___________

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, _________________________________

______________________________________________ as Principal, hereinafter called the (Bidding Company)

Principal, and ________________________________________________, a corporation (Bonding Company) duly organized under the laws of the State of __________________________________, as Surety hereinafter called the Surety, are held and firmly bound unto the State of Maryland, hereinafter called “ State “ for the sum of ___________________________________________________ Dollars (or $ ____________________________), 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 bid for _______________________________

(Identify project by number and brief description)

NOW, THEREFORE, if the Principal, upon acceptance by the State of its bid identified above, within the period specified herein for acceptance (ninety (90) days, if no such period is specified) shall execute such further contractual documents, if any, and give such bond(s) as may be required by the terms of the bid 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 for any cost of procuring the work which exceeds the amount of its bid, then the above 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 bid 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 bid.

In Presence of:

Witness _______________________________ (Seal)

(Name of Individual)

________________________________ as to By: _______________________________ (Seal)

In Presence of: Co-Partnership Principal

__________________________________ (Seal) Name of Co-Partnership

________________________________ as to By: _______________________________ (Seal)

Submit with Bid/Proposal

Revised January 2005

_____________________________ as to By: ___________________________________ (Seal)

________________________________ as to By: ____________________________________ (Seal)

Corporate Principal

____________________________________(Seal)

(Name of Corporation)

Attest:

_________________________ By: _____________________________________

(Surety)

Attest:

________________________ 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

AFFIX

CORPORATE

SEAL

AFFIX

CORPORATE

SEAL

CONTRACTOR’S QUALIFICATION QUESTIONNAIRE

MARYLAND ENVIRONMENTAL SERVICE

Contractor’s Qualification Questionnaire Revised 04/2009 Page 1 of 6

SUBMIT WITH BID/PROPOSAL

I. GENERAL

A. Legal Title and Address of Organization:

B. Maryland Representative’s Name, Title and Address:

C.

(CHECK ONE)

Corporation Co-Partnership Individual

D. If a Corporation, state:

Capital Paid in Cash $

Date of Incorporation

State in which Incorporated

Name and Title of Date Assuming Principal Officers Position

E. If a Co- Partnership, state:

Date of Organization

Nature of Partnership (General, Limited or Association)

Contractor’s Qualification Questionnaire Revised 04/2009 Page 2 of 6

Name and Address of Partners Age

F. If Individual, state name and address of owner:

G. List major items of equipment fully owned by organization, giving approximate value and age (If not fully owned, so state)

H. Is any member of your organization employed by the State of Maryland, a member of any State Institution’s Board of Managers or Trustees, or in any way officially connected with the State Government? _If yes, explain:

I. Give name and data about any construction projects you have failed to complete (use separate sheet if necessary ) :

Contractor’s Qualification Questionnaire Revised 04/2009 Page 3 of 6

J. Has your organization ever been party to any criminal litigation as a result of construction methods, costs, etc.? If yes, explain:

II. FINANCIAL

A. Give value of all construction equipment fully owned by your organization:

B. Give value of total assets of organization (including equipment value in II. A. above) :

C. Give value of total liabilities of organization:

D. Give total contract value of work accomplished by your organization in each of the last three

(3) years:

20 20 20

E. Give contract value of work presently being accomplished by, or pending award to your organization:

(Date)

(Date)

Contractor’s Qualification Questionnaire Revised 04/2009 Page 4 of 6

F. Give value of any judgments or liens outstanding against your organization:

G. Has any Bond Company refused to write you a bond on any construction work?

If yes, explain:

H. Give maximum value of contract work for which you could obtain Bond:

III. EXPERIENCE

A. Indicate type of contracting undertaken by your organization and years of experience:

General Sub Type

Years Years Years

Type Type Years

B. State construction experience of Principal members of your organization:

Construction Experience Type of Work

(Such as In What Title Construction Houses, Capacity

(Pres., Experience Hospitals, (Forman, Name Mgr., etc.) (Years) Apts., etc.) Supt., etc.)

Contractor’s Qualification Questionnaire Revised 04/2009 Page 5 of 6

C. Give any special qualifications of firm members (Registered Engineers, Surveyors, etc.):

D. List some principal projects completed by your organization:

Designing Architect

Project General or Contract or Owners’ Name Name Subcontractor Amount Year Engineer & Address

E. If General Contractor, list some subcontractors in various fields who have worked under you:

F. If subcontractor, list some general contractors for whom you have worked:

G. 1. What was the money value of the largest project accomplished by your organization and what year:

$ 19 20

2. Maximum value in last 3 years: $

Contractor’s Qualification Questionnaire Revised 04/2009 Page 6 of 6

3. Maximum value you prefer to undertake: $

4. Price range of work your organization is deemed best adapted to undertake:

H. Is your organization licensed in the State of Maryland for the current year?

Give date and number of license:

The above statements are certified to be true and accurate.

Dated this day of 20

By

Name of Organization

Note: If a corporation, president Must sign and a corporate Seal must be affixed

State of

County of being duly sworn, states that he/she is of and that the answers (Name of Organization) to the foregoing questions and all statements therein are true and correct.

Sworn to before me this day of 20___________

My Commission Expires ________________________________________________

Notary Public

PROC-26 (3/2013)

SUBMIT WITH BID/PROPOSAL

The Contractor shall list all of his proposed subcontractors on these pages.

MARYLAND ENVIRONMENTAL SERVICE

LIST OF SUBCONTRACTORS PROJECT

ID No. 1-26-5-19-5

Name of Company Address & Telephone Number

1 Address:

Phone:

2 Address:

Phone:

3 Address:

Phone:

4 Address:

Phone:

5 Address:

Phone:

6 Address:

Phone:

PROC-26 (3/2013)

7 Address:

Phone:

8 Address:

Phone:

9 Address:

Phone:

10 Address:

Phone:

11 Address:

Phone:

12 Address:

Phone:

13 Address:

Prepared by: Date:

Title:

MES-PROC-14

Revised January 2005 Page 1 of 1

SUBMIT WITH BID/PROPOSAL

MARYLAND ENVIRONMENTAL SERVICE

EQUIPMENT LIST

PROJECT ID No. 1-26-5-19-5

The CONTRACTOR shall list all of his proposed Equipment. The list shall include all of the equipment that will be dedicated to this project (on site at all times) and all of the equipment that will be available as backup when the on-site equipment breaks down. Backup equipment shall be on site within twenty-four (24) hours after the breakdown of the on-site equipment.

Equipment Location Make Model Year Description (Back-Up)

CONTRACTOR

BY:

TITLE:

DATE:

PROC-26 (03/2013)

Return with Bid or Proposal

CERTIFICATION REGARDING INVESTMENTS IN IRAN

1. The undersigned certifies that, in accordance with State Finance & Procurement Article, §17- 705:

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 §17-702 of State Finance & Procurement; and

b. it is not engaging in investment activities in Iran as described in State Finance & Procurement Article, §17-702.

2. The undersigned is unable make the above certification regarding its investment activities in Iran due to the following activities:

3. ACKNOWLEDGEMENT

I ACKNOWLEDGE THAT this Certification 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 Certification is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Certification or any contract resulting from the submission of this bid or proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms and covenants undertaken by the above business with respect to (1) this Certification,

(2) the contract, and (3) other Affidavits and/or Certifications comprising part of the contract.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE

CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,

INFORMATION, AND BELIEF.

Date: _______________________

By: ____________________________________ (print name of Authorized Representative and Affiant)

_____________________________________ (signature of Authorized Representative and Affiant)

PROC-27 (12/2017)

Return with Bid or Proposal

CERTIFICATION REGARDING DISCRIMINATORY BOYCOTTS OF ISRAEL

EXECUTIVE ORDER 01.01.2017.25

A. In this Certification the following words have the meanings indicated:

1. "Boycott of Israel" means the termination of or refusal to transact business activities, or other actions intended to limit commercial relations, with a person or entity because of its Israeli national origin, or residence or incorporation in Israel and its territories. "Boycott of Israel" does not include actions taken:

1. that are not commercial in nature;

11. for business or economic reasons;

111. because of the specific conduct of the person or entity;

IV. against a public or governmental entity; or

v. that are forbidden by the United States pursuant to 50 U.S.C. § 4607.

2. "Business entity" means any receiver, trustee, guardian, representative, fiduciary, partnership, firm, association, corporation, sole proprietorship, or company, including any bank, credit union, broker, developer, consultant, contractor, supplier, or vendor, individually or in any combination, that has submitted a bid or proposal for, has been selected to engage in, or is engaged in providing goods or services to the State.

3. "Commercial relations" means a business entity’s conduct of business, and the terms and conditions by which business is transacted, with a vendor, supplier, subcontractor, or other business entity.

B. The undersigned bidder o r o f fe ro r hereby certifies and agrees that the following information is correct: In preparing its bid or offer , the bidder or offeror has considered all 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 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 bids or offers for this procurement, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the Maryland Environmental Service to reject the bid or offer submitted for this procurement, and terminate any contract awarded based on the bid or offer.

Date: _______________________

By: ________________________________________ (print name of Authorized Representative)

_____________________________________ (signature of Authorized Representative)