BDU AMENDMENT I.pdf

STATE OF

MARYLAND

MILITARY DEPARTMENT

FIFTH REGIMENT ARMORY

LARRY HOGAN

GOVERNOR

COMMANDER-IN-CHIEF

TIMOTHY E. GOWEN

MAJOR GENERAL

THE ADJUTANT GENERAL

Amendment # 1 Battle Dress Uniforms (BDU) Pants and Shirts with Velcro Attachment

Freestate Challenge Academy-Maryland Military Department (MMD)

MIL 22-039

June 21, 2022

This Amendment is being issued to amend and clarify certain information contained in the above named Solicitation. The complete Statement of Work (SOW) has been included in this amendment to ensure clarity of the MMD’s requirements for BDU Uniforms Pants and Shirts. All Contractors submitting a bid shall submit their price on the attached Amended price form. The revisions/deletions/additions to the SOW are marked in the Solicitation as follows:

New language has been double underlined and marked in bold (ex. new language) Language deleted has been marked with a red strikeout (ex. language deleted).

1.) Scope of Work has Language Changes 5.3.2 and 5.4.1 2.) Bid Sheet has Correction to Shirts and Added Language for Shipping Date.

3.) Information Sheet has Changes- New Bid Close Date 6/23/2022 @ 10:00AM.

If you have any questions, please email them as soon as possible to:

dl_procurement_dmil@maryland.gov

If you require additional time please send your request via email to:

dl_procurement_dmil@maryland.gov

NO LATE BIDS WILL BE ACCEPTED.

Regards, Sarah Love Procurement Officer

MARYLAND MILITARY DEPARTMENT

Small Procurement Solicitation

COMAR 21.05.07

SOLICITATION NO. MIL 22-039

Issue Date: June 14, 2022

Battle Dress Uniforms (BDU) Pants and Shirts with Velcro Attachment Freestate Challenge Academy -Maryland Military Department (MMD)

MINORITY BUSINESSES, SMALL BUSINESSES, and VETERAN BUSINESSES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION

STATE OF MARYLAND

NO BID NOTICE

In order to help us improve the quality of State solicitations and to make our procurement process more responsive and business-friendly, we ask that you take a few minutes and provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this Contract, please email this completed form to the attention of the Procurement Officer (see the Key Information Sheet below for contact information).

Title: Battle Dress Uniforms (BDU) Pants and Shirts with Velcro Attachments Freestate Challenge

Academy MMD.

Solicitation No: 22-039

1. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

( ) Other commitments preclude our participation at this time.

( ) The subject of the solicitation is not something we ordinarily provide.

( ) We are inexperienced in the work/commodities required.

( ) Specifications are unclear, too restrictive, etc. (Explain in REMARKS section.)

( ) The scope of work is beyond our present capacity.

( ) Doing business with the State of Maryland is simply too complicated. (Explain in REMARKS section.)

( ) We cannot be competitive. (Explain in REMARKS section.)

( ) Time allotted for completion of the Bid/Proposal is insufficient.

( ) Start-up time is insufficient.

( ) Bonding/Insurance requirements are restrictive. (Explain in REMARKS section.)

( ) Bid/Proposal requirements (other than specifications) are unreasonable or too risky.

(Explain in REMARKS section.)

( ) MBE or VSBE requirements. (Explain in REMARKS section.)

( ) Prior State of Maryland contract experience was unprofitable or otherwise unsatisfactory.

(Explain in REMARKS section.)

( ) Payment schedule too slow.

( ) Other:__________________________________________________________________

2. If you have submitted a response to this solicitation, but wish to offer suggestions or express concerns, please use the REMARKS section below. (Attach additional pages as needed.).

REMARKS:

Vendor Name: ___________________________________________ Date: _______________________

Contact Person: _________________________________ Phone (____) _____ - _________________

Address: ______________________________________________________________________

E-mail Address: ________________________________________________________________

ATTENTION: PLEASE EMAIL THE COMPLETED FORM ONLY

STATE OF MARYLAND

MARYLAND MILITARY DEPARTMENT

KEY INFORMATION SUMMARY SHEET

Small Procurement Solicitation: Battle Dress Uniform (BDU) Pants and Shirts with Velcro Attachment Freestate Challenge Academy -Maryland Military Department

Solicitation Number: MIL 22-039

Solicitation Issue Date: June 14, 2022

Issuing Office: MARYLAND MILITARY DEPARTMENT

Procurement Officer: Sarah Love

Fifth Regiment Armory 29th Division Street

Baltimore, Maryland 21201 Phone: 410-258-2200 e-mail: sarah.love@maryland.gov

Informational Conference: N/A and site visit:

Conference/Site Visit Attendance RSVP due by: N/A

Cut-off Date for Q &A: June 20, 2022 @ 5:00 PM Local Time

Closing Date and Time: June 23 22, 2022 @ 10:00 AM Local Time

Term of Service: 30 Days

Options None

MBE Subcontracting Goal: None

MBE Split Goals: None

VSBE Subcontracting Goal: None

Small Business Reserve: No

Federally Funded Yes

1 OBJECTIVE:

The Maryland Military Department (MMD or Department) is soliciting bids to procure the following:

Battle Dress Uniforms (BDU) pants and shirts with velcro attachments.

2 BASIS OF AWARD

This procurement is being conducted in accordance with Section 13-104 of the State Finance and Procurement Article and the Small Procurement Regulations in Code of Maryland Regulations (COMAR) 21.05.07.

The basis of the award shall be the lowest responsive bid price from a responsible Bidder.

3 BID SUBMITTAL INFORMATION

All bids, affidavits, and/or responses to attachments shall be submitted through eMaryland Marketplace Advantage (eMMA) under the eMMA solicitation number listed on the Key Information Sheet. Bids must be uploaded into eMMA by the due date and time for consideration. No late bids will be accepted.

Multiple or alternate bids will not be accepted unless otherwise stated in the solicitation documents.

4 MINIMUM QUALIFICATIONS

4.1 The Bidder shall have been in business providing the requirements of this solicitation for a minimum of one (1) year. The Bidder shall submit a minimum of two (2) references of similar projects that MMD can contact to verify this information with its bid. All references must include the following:

4.1.1 Company Name

4.1.2 Company address

4.1.3 Company phone number

4.1.4 Name of a contact person

4.1.5 Email address for the contact person

4.1.6 Date(s) and scope of work that was completed

5 SCOPE of WORK (SOW)

5.1 General Information:

5.1.1 The MMD is issuing this Small Procurement Solicitation to provide Battle Dress Uniforms pants and shirts with velcro attachments as per the specifications stated below.

5.1.2 The MMD intends to make a single award as a result of this IFB.

5.1.3 All questions concerning this Small Procurement Solicitation shall be directed to the Procurement

Officer listed on the key information summary sheet.

5.1.4 It is the MMD's intention to obtain a commodity, as specified in this Small Procurement Solicitation, from a Contract between the selected Bidder and the MMD.

5.1.5 The anticipated duration of services to be provided under this Contract shall be 30 days unless approved in writing by the Procurement Officer. All work must be completed within 30 days. The awarded Contractor shall complete the Contract as timely as possible, regardless of the length of time allowed for completion.

5.1.6 The Vendor may deliver to the building during regular working hours, Tuesday-Friday, 6:30 AM to 5:00 PM for deliveries. Vendor shall coordinate with the MMD Contract Manager.

5.2 Location and Purpose:

5.2.1 The location for this Solicitation is Freestate Challenge Academy, 8775 Glory Street, Building

E4230 PO. Box 176, Gunpowder, Maryland 21010.

5.2.2 The purpose of the Contract is for the vendor to provide the Battle Dress Uniforms(BDU) pants and shirts with velcro attachments.

5.3 Uniform Descriptions:

5.3.1 BDU Pant -65/35 Poly/ Cotton Ripstop Gray

Small Regular -135 Each Small long -65 Each Medium Regular -135 Each Medium Long -65 Each Large Regular-115 Each Large Long -35 Each Extra Large Regular -90 Each Extra Large Long -35 Each 2XLarge Regular- 40 Each 2Xlrage Long- 20 Each

5.3.2 BDU 2 Pocket Pack Shirts – 65/35 Poly / Cotton Ripstop Gray

Small Regular -135 Each Small long -65 Each Medium Regular 135 Each Medium Long 65 Each Large Regular-115 Each Large Long -35 Each Extra Large Regular -90 Each Extra Large Long -35 Each 2XLarge Regular- 40 Each 2Xlrage Long- 20 Each

5.3.3 Velcro Attach Left Shoulder – 735 Each

Velcro Attached Right Shoulder -735 Each

Velcro Attached Right Chest -735 Each Nametape With Velcro Attach -735 Each

5.4 Delivery:

5.4.1 The Vendor shall Deliver by June 30, 2022, 5:00 PM Local Time to Freestate Challenge Academy, 8775 Glory Street, Building E4230, PO Box 176, Gunpowder, Maryland 21010.

5.5 Deliverables:

5.5.1 The vendor shall provide a packing slip/list along with the delivered BDU clothing.

5.5.2 An additional invoice shall be emailed to melissa.snedden@maryland.gov.

5.6 Security Requirements:

5.6.1 Vendor Personnel and Vendor or Shipping Companies Vehicles access to the base:

5.6.2 Fully-enclosed or hard-covered Commercial Vehicles, their operators, and passengers must enter through the Commercial Inspection Lane on the main base access road, Rt. 24, Emmorton Rd.

Individuals must have a valid Driver's License and vehicle registration documents. (A commercial vehicle is defined as an enclosed van, truck, etc., used for a business that typically requires a longer time to inspect due to vehicle type.) Pickup trucks with open beds are generally easy to view and inspect; therefore, they do not have to enter through the Commercial Inspection Lane, although they are otherwise commercial vehicles. Such open-bed pickup trucks must follow instructions below to enter the base, including the identification requirements.

5.6.3 "Open" commercial vehicles, such as open-bed pickup trucks, etc. - All personnel not in a commercial vehicle as defined in #1 above must go through the Visitor Center instead of the Commercial Vehicle Inspection Lane and have the following: a valid driver's license, vehicle registration, and the building number of their destination. Personnel without a valid driver's license must have a valid photo ID (State ID, Passport, authorized State Department work permits, etc.). Note: State IDs and licenses that indicate "not valid for federal use" will not be accepted. All personnel in the vehicle must enter through the Visitor Control Center (VCC).

Passengers will be listed on the vehicle pass by the VCC. Personnel are subject to background checks. Those found to have a warrant for their arrest and/or found to be illegal aliens will not be allowed on the installation and will be further processed.

5.7 Employee Identification

5.7.1 Each person who is an employee or agent of the Vendor or Shipping Company shall display their company ID badge at all times while on State property. Each person who is an employee or agent of the Contractor or subcontractor may be required to provide additional photo identification upon request of authorized State personnel.

5.7.2 At all times while on State property, the Vendors or Shipping Companies personnel shall cooperate with State property requirements that include but are not limited to being prepared to be escorted, providing information for badge issuance, and wearing the badge in a visible location.

mailto:melissa.snedden@maryland.gov

5.8 Vehicles

5.8.1 While on State property, the vendors or Shipping Companies vehicles may be subject to a vehicle search.

5.9 Materials:

If the solicitation is listed as containing federal funds, the following applies:

The Buy American Act requires all iron, steel, manufactured products, and construction materials used in the project to be produced in the United States. Except for an end product that consists wholly or predominantly of iron or steel or combination of both, the cost of domestic components must exceed 55 percent of the cost of all of the components. The Contractor shall follow this requirement in the completion of this project unless waived by the procuring agency in writing.

5.10 This is a firm-fixed-price contract, meaning a fixed price Contract that provides a price that is not subject to adjustment because of variations in the Vendors cost.

5.11 This Contract will remain in effect for the time period and quantity specified unless the Contract is terminated by the State as set forth in Section 7.

6 INVOICING AND PAYMENTS

6.1 Upon completion and acceptance of the completed delivery by the State, the Bidder shall submit a proper invoice for payment. According to COMAR 21.06.09.01 (C), a proper invoice must include, without error, the Vendor's federal employer identification number or Social Security number, the Purchase Order Number, and any documentation required by regulation or the procurement contract. The Department requires the Vendors address, phone number, the name of the Armory, and the address where the work was provided to be included. All invoices must be submitted to:

Maryland Military Department Accounts Payable 5th Regiment Armory 29th Division Street Baltimore, MD 21201 dlmmd_ap@maryland.gov

Failure to provide a proper invoice may result in a delay in payment.

6.2 Unless a payment is unauthorized, deferred, delayed, or set-off under COMAR 21.02.07, payments to the Vendor will be made no later than 30 days after the State's receipt of a proper invoice from the Vendor. Payment will be considered to be made on the settlement date for an electronic funds transfer payment, or the mailing date of the check for a check payment.

6.3 Vendors are entitled to interest on late payments at the rate of 9 percent per annum per COMAR

21.06.09.06 (A) if an invoice is submitted within 30 days after the date of payment and a contract claim has not been filed. The State is not liable for interest accruing more than one year after the 31st day after the agency receives a proper invoice or on unpaid interest.

file://dmil-nas/procurement_dept/Forms/Small%20Procurement%20Template/dlmmd_ap@maryland.gov

6.4 The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes, and transportation taxes. The Vendor, however, is not exempt from such sales and use taxes and may be liable for the same.

6.5 Payment of an invoice by the Department is not evidence that services were rendered as required under this Contract.

7 TERMS AND CONDITIONS

7.1 INCORPORATION BY REFERENCE

All terms and conditions of the solicitation and any amendments thereto will be made a part of the final Contract which will be in the form of a blanket purchase order (“BPO”) or purchase order (“PO”). By submitting a bid in response to this solicitation, the Bidder, if selected for the award as the Vendor, shall be deemed to have accepted all terms and conditions of the solicitation and subsequent BPO/PO. Upon receipt of the BPO or PO, the Vendor shall acknowledge acceptance, and return a signed copy.

7.2 DELIVERY AND ACCEPTANCE

7.2.1 Delivery shall be made in accordance with the solicitation specifications. The Department, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor’s control. The Department unilaterally may order in writing the suspension, delay, or interruption of performance hereunder.

7.2.2 The Department reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. Unless otherwise stated in the specifications, materials listed in the bid or proposal shall be delivered FOB the point or points specified prior to or on the date specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. Rejected materials shall be promptly replaced.

7.2.3 The Department reserves the right to purchase replacement materials in the open market.

Vendors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any.

7.2.4 If the Vendor fails to make delivery in accordance with its quoted time frame, and the

Department is required to obtain the needed goods or services on the open market, the Vendor shall be liable for any excess costs to the Department.

7.3 INTELLECTUAL PROPERTY

Vendor agrees to indemnify and save harmless the State, its officers, agents, and employees with respect to any claim, action, cost or judgment for patent infringement, or trademark or copyright violation arising out of purchase or use of materials, supplies, equipment, or services covered by this Contract.

7.4 MERCURY CONTENT

To the extent this solicitation is for products that may contain mercury, there is a price preference for products that are mercury-free. The price preference shall not exceed 5 percent of the bid price for products that are mercury-free, or if mercury-free products or equipment are not offered, to the Bids for products or equipment containing the least amount of mercury necessary to meet performance requirements. The Bidder must submit Mercury Affidavit, Attachment D, with its bid.

7.5 MARYLAND LAW PREVAILS

The law of Maryland will govern the interpretation and enforcement of this Contract. All references to the Annotated Code of Maryland contained in this Contract shall be construed to refer to such Code sections as are from time to time amended.

7.6 DISPUTES

Disputes arising under this Contract will be governed by State Finance and Procurement Article, Title 15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR 21.10. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer.

7.7 CHANGES

This Contract may be amended only with the written consent of both parties. Amendments may not change significantly the scope of the Contract (including the Contract price).

7.8 TERMINATION FOR NON-APPROPRIATION

If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract will be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

7.9 TERMINATION FOR CONVENIENCE

The State may terminate this Contract, in whole or in part, without showing cause upon prior written notice to the Contractor specifying the extent and the effective date of the termination. The State shall pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination and all reasonable costs associated with termination of the Contract. However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A(2).

7.10 TERMINATION FOR DEFAULT

If the Vendor does not fulfill obligations under this Contract or violates any provision of this Contract, the State may terminate the Contract by giving the Vendor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State.

Termination hereunder, including the determination of the rights and obligations of the parties, will be governed by the provisions of COMAR 21.07.01.11B.

7.11 NONDISCRIMINATION

The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law.

7.12 ANTI-BRIBERY

The Vendor certifies that, to the Contractor's best knowledge, neither the Vendor, nor (if the Vendor is a corporation or partnership) any of its officers, directors, or partner, nor any employee of the Contractor who is directly involved in obtaining contracts with the State or with any county, city, or other subdivision of the State, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the law of any state or of the United States."

7.13 REGISTERED TO DO BUSINESS IN MARYLAND

The Vendor must be registered with the Maryland Department of Assessments and Taxation and be in good standing.

7.14 The Vendor hereby represents and warrants that:

7.14.1 It is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;

7.14.2 It is not in arrears with respect to the payment of any monies due and owing the State of Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract;

7.14.3 It shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and

7.14.4 It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract.

7.15 The Vendor shall comply with the provisions of State Finance and Procurement Article, Title 19, Annotated Code of Maryland.

7.16 Blanket Purchase Order (BPO) Purchase Order as Contract

7.16.1 As used in this provision, a bid refers to a bid submitted under Small Procurement Regulations

7.16.2 As used in this provision, a bidder refers to a bidder under Small Procurement Regulations.

7.16.3 As used in this provision, solicitation means an Invitation for Bid to bid for a procurement issued by the Maryland Military Department.

7.16.4 The bidder’s execution and submission of a responsive bid constitutes a promise by the bidder to perform the Contract solicited by the Department in accordance with the terms and conditions stated in the solicitation. The bid shall be irrevocable for the period of 30 days or for such longer period as the bidder and the Department may agree.

7.16.5 Upon acceptance of a bid, the Procurement Officer may issue a Purchase Order (PO) and/ or

Blanket Purchase Order (BPO), in a form to be determined by the Department, which substantially contains the terms and conditions of the solicitation. The PO/BPO constitutes the State’s acceptance of the bid and binds the bidder to a Contract. The execution and issuance of a PO and/ or BPO by the Procurement Officer, subject to all necessary approvals, shall constitute acceptance of the bid and final award of the Contract. The Contract shall consist of the executed PO and/or BPO issued by the Procurement Officer, including all documents, terms, and conditions incorporated into those documents by the terms of the solicitation, the PO and/or BPO, the bid, or by operation of law, and the executed bid of the bidder. If the Procurement Officer issues a PO and/ or BPO, at the option of the Procurement Officer, it will not be necessary for the bidder to execute the PO and / or BPO or any other form of Contract or agreement. The bidder understands and agrees that the terms and conditions of the BPO/PO may not be waived. The Procurement Officer may require that the parties both execute a single document as the embodiment of the Contract between the parties.

7.16.6 In the event of a conflict between provisions of the contract documents, the controlling provisions shall be, in the following order, those of:

i. the PO and/ or BPO; then

ii. the solicitation; and then

iii. the bid.

7.17 REGISTRATION OF FOREIGN CORPORATIONS.

Pursuant to §7-201 et seq. of the Corporations and Associations Article of the annotated Code of Maryland, corporations not incorporated in the State of Maryland shall be registered with the State Department of Assessments and Taxation, 301 W. Preston St., Baltimore, Maryland 21201, before doing any interstate or foreign business in this State. Before doing any intrastate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation.

7.18 CONTINGENT FEE

The Vendor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the Contractor, to solicit or secure this agreement, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employer agency, any fee or other consideration contingent on the making of this agreement.

7.19 EPA COMPLIANCE

Materials, supplies, equipment, or services shall comply in all respects with the Federal Noise Control Act of 1972, where applicable.

7.20 OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA)

All materials, supplies, equipment, or services supplied as a result of this contact shall comply with the applicable U.S. and Maryland Occupational Safety and Health Act standards.

7.21 PRE-EXISTING REGULATIONS

The regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR Title 21) in effect on the date of execution of this contract are applicable to this contract.

7.22 INDEMNIFICATION

The State shall not assume any obligation to indemnify, hold harmless, or pay attorney’s fees that may arise from or in any way be associated with the performance or operation of this agreement.

7.23 ADDITIONAL QUANTITIES

The State reserves the right to solicit separate bids if a particular quantity requirement arises which exceeds the State’s normal requirements as provided in the solicitation or exceeds an amount specified in this contract.

7.24 NEW MATERIALS

All items shipped pursuant to this Purchase Order shall be new, never previously used, and the current model of the item unless specifically stated otherwise in this contract.

7.25 ASSIGNMENT

This Purchase Order and the monies which may become due hereunder are not assignable except with the prior written approval of the Procurement Officer.

7.26 DRUG AND ALCOHOL FREE WORKPLACE

The Vendor warrants that the contractor shall comply with COMAR 21.11.08 Drug and Alcohol Free Workplace, and that the contractor shall remain in compliance throughout the term of this Purchase Order.

7.27 COMMERCIAL NONDISCRIMINATION POLICY

7.27.1 As a condition of entering into this Contract, Contractor represents and warrants that it will comply 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. As part of such compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry, national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test or on the basis of disability, or otherwise unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace.

Contractor understands that a material violation of this clause shall be considered a material breach of this Contract and may result in termination of this Contract, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

7.27.2 As a condition of entering into this Contract, upon the request of the Commission on Civil Rights, and only after the filing of a complaint against Contractor under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland, as amended from time to time, Contractor agrees to provide within 60 days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past four (4) years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contractor on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State Commercial Nondiscrimination Policy as set forth under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland, and to provide any documents relevant to any investigation that are requested by the State. Contractor understands that violation of this clause is a material breach of this Contract and may result in Contract termination, disqualification by the State from participating in State contracts, and other sanctions.

REMAINDER OF PAGE IS INTENTIONALLY LEFT BLANK

Attachment A Bid Information Sheet

BID Price

MIL 22-039

BIDS DUE by June 22, 2022 @ 10:00 AM Local Time. THE BASIS OF THE AWARD IS THE LOWEST RESPONSIVE

BID PRICE SUBMITTED BY A RESPONSIBLE VENDOR.

Bidder is instructed to enter their prices to furnish Battle Dress Uniforms Pants and Tops with Velcro attachments and deliver to Freestate Challenge Academy located at 8775 Glory Street, Building E4230 PO Box 176, Gunpowder, Maryland 21010 in accordance with the terms, conditions, and SOW: Prices shall be fully loaded, no additional amounts shall be paid.

BDU Pant – 65/35 Poly/Cotton Ripstop Gray Size

Unit Price Quantity Extended Price Total

Small Regular $_____

X 135 =

Small Long $_____

X 65 =

Medium Regular $_____

Medium Long $_____

Large Regular $_____

X 115 =

Large Long $_____

X 35 =

Extra Large Regular $_____

X 90 =

Extra Large Long $_____

2XL Large Regular $_____

X 40 =

2XL Large Long $_____

X 20 =

Total for All BDU Pant 65/35 Poly/Cotton Ripstop Gray =

BDU 2 Pocket Pack Shirts – 65/35 Poly/Cotton Ripstop Gray

Unit Price

Quantity Extended Price Total

Small Regular $_____

Small Long $_____

Medium Regular $_____

Medium Long $_____

Large Regular $_____ X 115 =

Large Long $_____

Extra Large Regular $_____

X 90 =

Extra Large Long $_____

2XL Large Regular $_____

X 40 =

2XL Large Long $_____

X 20 =

Total for ALL BDU 2 Pack Shirts – 65/35 Poly/Cotton Ripstop Gray

Velcro/NameTape Unit Price

Quantity Extended Price Total

Velco Attach – Left Shoulder $_____

X 735 =

Velcro Attached – Right Shoulder

$_____ X 735 =

Velcro Attached – Right Chest

$_____ X 735 =

Nametape with Velcro Attach

X 735 =

Total for All Velcro Attach Left Shoulder, Right Shoulder, Right Chest and Nametape with Velco Attach

Total price to provide all materials (as stated in Section III) $________________

Provide an Estimated Date Uniforms Will Ship to our Facility _________

Note: All bid prices must be entered in the pricing grid supplied on eMaryland Marketplace Advantage

Signature: _____________________________

Print Name and Title: ________________________________________

Federal ID #_______________________ Date: _______________

Company Name______________________________

Address: ________________________________________

Email Address: ____________________________________

Phone Number :_______________( office) _______________ (cell)

MBE MDOT Cert # (if applicable) _____________ VSBE ____________ SBR _____________

By submitting this bid pricing, the Bidder understands and agrees to comply with all specifications, terms and conditions, and all applicable state and federal laws and regulations. The prices quoted shall be valid for 90 days. Multiple or alternate pricing are not acceptable unless otherwise stated in solicitation documents.

Attachment B Bid/Proposal Affidavit Rev 10/24/17

MIL 22-039

Battle Dress Uniform (BDU) Pants and Shirts with Velcro

Attachment Freestate Challenge Academy -Maryland Military Department

A. AUTHORITY

I hereby affirm that I, _____________________ (name of affiant) am the ______________ (title) and duly authorized representative of _________________ (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting.

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned Bidder/Offeror hereby certifies and agrees that the following information is correct: In preparing its Bid/proposal on this project, the Bidder/Offeror has considered all Bid/proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in § 19-103 of the State Finance and Procurement Article of the Annotated Code of Maryland.

"Discrimination" means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual's refusal to submit to a genetic test or make available the results of a genetic test, disability, or any otherwise unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's employees or owners. "Discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination". Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the Bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal. As part of its Bid/proposal, the Bidder/Offeror herewith submits a list of all instances within the past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the Bidder/Offeror discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder/Offeror agrees to comply in all respects with the State's Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland.

B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.

The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, § 14-308(a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a Bid/proposal and:

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

(2) Fail to notify the certified minority business enterprise before execution of the Contract of its inclusion in the Bid/proposal;

(3) Fail to use the certified minority business enterprise in the performance of the Contract; or

(4) Pay the certified minority business enterprise solely for the use of its name in the Bid/proposal.

Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the Bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal.

B-2. CERTIFICATION REGARDING VETERAN-OWNED SMALL BUSINESS ENTERPRISES.

The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and Procurement Article, § 14-605, Annotated Code of Maryland, which provides that a person may not:

(1) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this title;

(2) Knowingly and with intent to defraud, fraudulently represent participation of a veteran-owned small business enterprise in order to obtain or retain a Bid/proposal preference or a procurement contract;

(3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(4) Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document;

(5) Willfully and knowingly fail to file any declaration or notice with the unit that is required by COMAR 21.11.13; or

(6) Establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of § B-2(1) -(5) of this regulation.

C. AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, § 6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):

D. AFFIRMATION REGARDING OTHER CONVICTIONS

I FURTHER AFFIRM THAT:

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

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

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

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

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

(3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. § 1961 et seq., or the Mail Fraud Act, 18 U.S.C. § 1341 et seq., for acts in connection with the submission of Bids/Proposals for a public or private contract;

(4) Been convicted of a violation of the State Minority Business Enterprise Law, § 14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(5) Been convicted of a violation of § 11-205.1 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsections (1)— (5) above;

(7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of Bids/Proposals for a public or private contract;

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

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

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

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

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

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

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

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

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

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

(a) A court:

(i) Made the finding; and

(ii) Decision became final; or

(b) The finding was:

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

(ii) Not overturned on judicial review;

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

(a) A court:

(i) Made the finding; and

(ii) Decision became final; or

(b) The finding was:

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

(ii) Not overturned on judicial review;

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

(a) A court:

(i) Made the finding; and

(ii) Decision became final; or

(b) The finding was:

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

(ii) Not overturned on judicial review; or

(15) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in §§ B and C and subsections D(1)—(14) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment):

E. AFFIRMATION REGARDING DEBARMENT

I FURTHER AFFIRM THAT:

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

F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES

I FURTHER AFFIRM THAT:

(1) The business was not established and does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and

(2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows (you must indicate the reasons why the affirmations cannot be given without qualification):

G. SUBCONTRACT AFFIRMATION

I FURTHER AFFIRM THAT:

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

H. AFFIRMATION REGARDING COLLUSION

I FURTHER AFFIRM THAT:

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

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

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

I. CERTIFICATION OF TAX PAYMENT

I FURTHER AFFIRM THAT:

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

J. CONTINGENT FEES

I FURTHER AFFIRM THAT:

The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of the Contract.

K. CERTIFICATION REGARDING INVESTMENTS IN IRAN

(1) The undersigned certifies that, in accordance with State Finance and Procurement Article, §17-705, Annotated Code of Maryland:

(a) It is not identified on the list created by the Board of Public Works as a person engaging in investment activities in Iran as described in State Finance and Procurement Article, §17-702, Annotated Code of Maryland; and

(b) It is not engaging in investment activities in Iran as described in State Finance and Procurement Article, §17-702, Annotated Code of Maryland.

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

L. CONFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF CONGO (FOR SUPPLIES AND

SERVICES CONTRACTS)

I FURTHER AFFIRM THAT:

The business has complied with the provisions of State Finance and Procurement Article, §14-413, Annotated Code of Maryland governing proper disclosure of certain information regarding conflict minerals originating in the Democratic Republic of Congo or its neighboring countries as required by federal law.

M. PROHIBITING DISCRIMINATORY BOYCOTTS OF ISRAEL

I FURTHER AFFIRM THAT:

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

N. I FURTHER AFFIRM THAT:

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

O. ACKNOWLEDGEMENT

I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this Bid/proposal shall be construed to supersede, amend, modify or waive, on behalf of the…