Attachment U. Contract Affidavit.pdf
PDF 140 KB Posted
- Solicitation number
- BPM058800
- Issued by
- Calvert County, Maryland
About this file
This is a Contract Affidavit document effective August 2026 for use by the Maryland State Department of Education, Division of Rehabilitation Services (MSDE, DORS) in connection with a home accessibility modification procurement designated as a Certified Small Business (CSB) set-aside. The affidavit serves as a binding legal document that contractors must execute to certify their authority to enter into the contract, their business registration and qualification status with the Maryland State Department of Assessments and Taxation, and their compliance with applicable state regulations. The document requires the affiant to confirm that the contractor's business entity is in good standing with the state and has filed all required annual reports and fees.
The affidavit includes critical compliance certifications regarding political contribution disclosure requirements, drug and alcohol-free workplace standards, and adherence to Maryland regulations (COMAR 21.11.08 and Election Law Article, Title 14). Contractors with cumulative contract consideration of at least $200,000 must file a Registration Statement with the State Board of Elections within 15 business days of contract award, followed by an Initial Contribution Statement covering the preceding 24 months and semi-annual statements throughout the contract term. The contractor must maintain a drug and alcohol-free workplace, establish awareness programs, and implement sanctions for violations, with non-compliance potentially resulting in contract suspension, termination for default, or suspension and debarment by the Board of Public Works.
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Attachment U. Contract Affidavit effective date: August 2026
Attachment U. Contract Affidavit
A. AUTHORITY
I hereby affirm that I, ________________________________ (name of affiant) am the __________________________________ (title) and duly authorized representative of __________________________________ (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting.
B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE
DEPARTMENT OF ASSESSMENTS AND TAXATION
I FURTHER AFFIRM THAT:
The business named above is a (check applicable box):
(1) Corporation - domestic or foreign;
(2) Limited Liability Company - domestic or foreign;
(3) Partnership - domestic or foreign;
(4) Statutory Trust - domestic or foreign;
(5) Sole Proprietorship.
and is registered or qualified as required under Maryland Law. I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE) filed with the State Department of Assessments and Taxation is:
Name and Department ID Number: __________________
Address: _______________________________ and that if it does business under a trade name, it has filed a certificate with the State Department of Assessments and Taxation that correctly identifies that true name and address of the principal or owner as:
Name and Department ID Number: _____________________________
Address: _______________________________
C. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT:
I am aware of, and the above business will comply with, the provisions of Election Law Article, Title 14, Annotated Code of Maryland, which require that every person that enters into a single contract with the State, a unit of the State, a county, a municipal corporation, or other political subdivision of the State, in which the cumulative consideration is at least $200,000, shall file the following reports and statements:
(1) Within 15 business days after the award of the contract a Registration Statement shall be filed with the State Board of Elections that includes (a) the person’s name and address; (b) any resident agent of the Contractor business located in the State; (c) if known, each person who has a beneficial ownership of the Contractor business entity; and (d) any other information required by the State Board of Elections. Beneficial ownership means (i) any ownership interest of 5% or more in a business; (ii) any ownership interest of 5% or more in one or more entities in a chain of parent and subsidiary entities, any one of which participates in at least 5% of the capital or profits of a business; or (iii) possession of an interest that exists under a contract, a relationship, an
Attachment U. Contract Affidavit effective date: August 2026 understanding, or any other arrangement and entitles a person to benefits substantially equivalent to an ownership interest of 5% or more of a business.
(2) Within 15 business days after filing the Registration Statement, the Contractor shall file with the State Board of Elections an Initial Contribution Statement covering the preceding 24 months disclosing (a) the name of each candidate, if any, to whom one or more applicable contributions in a cumulative amount of $500 or more were made during the reporting period; (b) the office sought by each candidate named in item (a) of this paragraph; (c) the amount of aggregate contributions made to each candidate named in item (a) of this paragraph; (d) the name of each unit of a governmental entity with which the person had a single contract involving cumulative consideration of at least $200,000 during the reporting period; (e) the nature and amount of public business done with each unit of a governmental entity in item (d) of this paragraph; and (f) if the public business was done or the contribution was made by another person but is attributed to the person filing the statement, the name of the person who did the public business or made the contribution and the relationship of that person to the person filing the statement.
(3) Throughout the contract term the Contractor shall file a Semi-annual Statement with the State Board of Elections containing the information required for the Initial Contribution Statement on or before (a) May 31, to cover the six (6) month period ending April 30; and (b) November 30, to cover the six (6) month period ending October 31.
D. DRUG AND ALCOHOL FREE WORKPLACE
(Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head’s designee has determined that application of COMAR 21.11.08 and this certification would be inappropriate in connection with the law enforcement agency's undercover operations.)
I CERTIFY THAT:
(1) Terms defined in COMAR 21.11.08 shall have the same meanings when used in this certification.
(2) By submission of its Proposal, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall:
(a) Maintain a workplace free of drug and alcohol abuse during the term of the contract;
(b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business' workplace and specifying the actions that will be taken against employees for violation of these prohibitions;
(c) Prohibit its employees from working under the influence of drugs or alcohol;
(d) Not hire or assign to work on the contract anyone who the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program;
(e) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred;
(f) Establish drug and alcohol abuse awareness programs to inform its employees about:
(i) The dangers of drug and alcohol abuse in the workplace;
(ii) The business's policy of maintaining a drug and alcohol free workplace;
(iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and
(iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace;
Attachment U. Contract Affidavit effective date: August 2026
(g) Provide all employees engaged in the performance of the contract with a copy of the statement required by §E(2)(b), above;
(h) Notify its employees in the statement required by §E(2)(b), above, that as a condition of continued employment on the contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction;
(i) Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction;
(j) Within 30 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace:
(i) Take appropriate personnel action against an employee, up to and including termination; or
(ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and
(k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of §E(2)(a)—(j), above.
(3) If the business is an individual, the individual shall certify and agree as set forth in §E(4), below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract.
(4) I acknowledge and agree that:
(a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this certification;
(b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend payments under, or terminate the contract for default under COMAR 21.07.01.11 or 21.07.03.15, as applicable; and
(c) The violation of the provisions of COMAR 21.11.08 or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR 21.08.03.
E. CERTAIN AFFIRMATIONS VALID
I FURTHER AFFIRM THAT:
To the best of my knowledge, information, and belief, each of the affirmations, certifications, or acknowledgements contained in that certain Bid/Proposal Affidavit dated _____________________, and executed by me for the purpose of obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set forth herein.
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)
Attachment U. Contract Affidavit
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