IFB_0001-2025_Athletics_Transportation_Services_2024-25.pdf

PROCUREMENT OFFICE

2500 WEST NORTH AVENUE

BALTIMORE, MARYLAND 21216

Minority Business Enterprises are encouraged to respond to this Solicitation Notice

INVITATION FOR BID

#0001-2025

PROJECT TITLE:

ATHLETICS TRANSPORTATION SERVICES 2024-25

ALL BIDS MUST BE RETURNED IN A SEALED ENVELOPE. THE FRONT OF ALL BID PACKAGES MUST CLEARLY IDENTIFY

PROJECT NUMBER, BID DUE DATE, AND TIME.

Coppin State University is committed to ensuring that persons with disabilities are given an equally effective opportunity to participate in and benefit from the University’s programs and services. Persons with disabilities who might need reasonable accommodations should contact the issuing office at least 48 hours before any meetings held in connection with the request for bids at (410) 951-3790

EMARYLAND MARKETPLACE SOLICITATION- This IFB was published in the emaryland marketplace website.

SMALL BUSINESS RESERVE PROCUREMENT

IFB No. 0001-2025 Athletics Transportation Services 2024-25 Page 2

NOTICE TO BIDDERS/OFFERORS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve procurement for which award is limited to certified small business vendors.

Only businesses that meet the requirements set forth in State Finance and Procurement Article, §§ 14-501 - 14-505, Annotated Code of Maryland, and who are registered with the Department of General Services Small Business Reserve Program are eligible for award. For the purposes of a Small Business Reserve procurement, a small business is a for profit business, other than a broker, that meets the following criteria:

• It is independently owned and operated;

• It is not a subsidiary of another business;

• It is not dominant in its field of operation;

• Its wholesale operations did not employ more than 50 persons, and its gross sales did not exceed an average of $4,000,000 in its most recently completed three fiscal years;*

• Its retail operations did not employ more than 25 persons, and its gross sales did not exceed an average of $3,000,000 in its most recently completed three fiscal years;*

• Its manufacturing operations did not employ more than 100 persons, and its gross sales did not exceed an average of $2,000,000 in its most recently completed three fiscal years;*

• Its service operations did not employ more than 100 persons, and its gross sales did not exceed an average of $10,000,000 in its most recently completed three fiscal years;* and

• Its construction operations did not employ more than 50 persons, and its gross sales did not exceed an average of $7,000,000 in its most recently completed three fiscal years.

• The architectural and engineering services of the business did not employ more than 100 persons and the gross sales of the business did not exceed an average of $4,500,000 in its most recently completed 3 fiscal years. *

Note: If a business has not existed for 3 years, the employment and gross sales average or averages shall be the average for each year or part of a year during which the business has been in existence.

* If a business has not existed for three years, the gross sales average is computed for the period in which the business has existed. For newly formed businesses the determination will be based upon employee levels.

If you have questions about the SBR Program Eligibility Standards, please call 410-697-9600 and ask to speak with an SBR Program compliance manager.

IFB No. 0001-2025 Athletics Transportation Services 2024-25 Page 3

COPPIN STATE UNIVERSITY

INVITATION FOR BID

Invitation for Bid No: 0001-2025

Project Title: ATHLETICS TRANSPORTATION SERVICES 2024-25

Issuing Office Procurement Office

Coppin State University 2500 W. North Avenue Physical Education Complex – Room 265 Baltimore, MD 21216-3698 Attn.: Mr. Thomas E. Dawson, Jr., C.P.M.

Tel: (410) 951-3792 Fax: (410) 523-6311

IFB Package Available: Date: September 5, 2024 Place: eMaryland Marketplace

Pre-Bid Conference: Date: N/A

Time: N/A Place: N/A

Bid Due Date: Date: September 27, 2024 Time: 3:00 PM Place: Coppin State University Procurement Office Physical Education Complex – Room 265 2500 W. North Avenue, Baltimore, MD 21216-3698

Bid Bond: No Performance Bond: No Payment Bond: No Form of Bid: Provided

Duration of Bid Offer: Bids are to be valid for one hundred and twenty (120) days following the closing date for this IFB. This period may be extended by written mutual agreement between the vendor and the University. The University reserves the right to reject any or all bids.

ALL BIDS MUST BE SUBMITTED TO COPPIN STATE UNIVERSITY, THE PROCUREMENT OFFICE IN THE PHYSICAL EDUCATION COMPLEX ROOM 265, 2500 W. NORTH AVENUE, BALTIMORE, MD 21216, ATTN: MR. THOMAS

DAWSON, DIRECTOR OF PROCUREMENT BY 3:00 P.M. ON THE BID DUE DATE SHOWN ABOVE.

IFB No. 0001-2025 Athletics Transportation Services 2024-25 Page 4

TABLE OF CONTENTS

Section I Introduction ___________________________________________ Pages 5-8

Section II Solicitation Requirements, Contract Terms and Conditions _____ Pages 9 -22

Section III Scope of Work ________________________________________ Page 20-21

Section IV Supplemental Terms and Conditions ______________________ Page 23-24

Section V Appendices ___________________________________________ Pages 25-42

IFB No. 0001-2025 Athletics Transportation Services 2024-25 Page 5

Coppin State University

Invitation for Bid No. 0001-2025

ATHLETICS TRANSPORTATION SERVICES 2024-25

Section I Introduction

1.1 COPPIN STATE UNIVERSITY

Coppin State University is seeking qualified vendors with appropriate expertise to provide necessary labor, materials, tools, equipment, and supervision to provide Athletics Transportation Services.

The estimated annual cost for the services < $230,000.00

1.2 ISSUING OFFICE AND PROCUREMENT OFFICER

The issuing office and designated procurement officer for this IFB is:

Issuing Office: Administration and Finance Department: Office of Procurement & Business Services Mailing Address: Coppin State University 2500 W. North Avenue Baltimore, Maryland 21216

Office Location: Physical Education Complex – Room 265

Phone: (410) 951-3792 Facsimile No.: (410) 523-6311 Email Address: thdawson@coppin.edu Procurement Officer: Thomas E. Dawson, Jr., C.P.M.

1.3. SCHEDULE OF EVENTS

Solicitation Released September 5, 2024 Pre-Bid Conference N/A Deadline for Receipt of Questions September 21, 2024 Bid Due Date September 27, 2024

1.4 QUESTIONS AND INQUIRIES

The sole point of contact in the State for purposes of this IFB is the Procurement Officer or his/her designee. No State or University employee, official, or representative has authority to change the requirement of this solicitation, except the Procurement Officer or his/her designated representative.

All communications regarding this solicitation are to be made solely through the Procurement Officer or his/her designee. Only information communicated by the Procurement Officer or his/her designee shall be the official position of the University.

Questions regarding this solicitation may be directed verbally to the Procurement Officer or the designee; however, the Procurement Officer reserves the right to require that the vendor submit the question in writing. Questions may be submitted via email to thdawson@coppin.edu.

A. All questions should be submitted in a timely manner to the Procurement Officer by September 21, 2023. In the case of questions not received in a timely manner, the Procurement Officer shall, based on the availability of his time to research and communicate an answer, decide whether he can answer an untimely submitted question before the bid due date. If any individuals contemplating submitting a bid for the Work of this IFB are in doubt as to the true meaning of any part of the

IFB No. 0001-2025 Athletics Transportation Services 2024-25 Page 6 proposed Contract Documents, contact the Procurement Officer.

B. Questions will receive a written reply in the form of an Addendum. Copies of replies will also be posted on eMaryland Marketplace all other bidders, but without identification of the inquirer. All addenda shall become a part of the IFB. Each Firm must acknowledge receipt of addenda, by completing and returning it with their Technical Offer. Failure of a Firm to acknowledge any addendum shall not relieve the Firm of complying with the terms thereof.

1.5 DURATION OF OFFERS

Bids submitted in response to this IFB are irrevocable for 120 days from the bid due date. Any submitted modifications to the bid are irrevocable for 120 days from the date of submission, and the new time period includes the original response.

1.6 PRE-BID CONFERENCE

There will not be a pre-bid conference for this IFB.

1.7 CLOSING DATES AND REQUIRED DELIVERY

In order to be considered, bid and other supporting documents must arrive at the Issuing Office by no later than 3:00 PM September 27, 2024. Bid submittals must include one (1) original and (1) copy of:

• The Bid Form (Appendix B)[REQUIRED]

• The Bid/Proposal Affidavit (Appendix C) [REQUIRED]

• Vendor Information Sheet ( Appendix A)

Failure to submit any of the required bid documents may rendered your bid non-responsive

Submittals must be in a sealed envelope, captioned ATHLETICS TRANSPORTATION SERVICES 2024-25 and referencing the due date. Bidders mailing bids should allow sufficient mail delivery time to insure timely receipt. It is the sole responsibility of bidders to ensure their bids are received on time.

1.8 ANTICIPATED CONTRACT TERM

The contract term shall be for the 2024-25 CSU Athletics sports season.

1.9 BID FORM

In order to receive consideration, make bids in strict accordance with the following:

A. Use the forms provided, sign them properly, and fill out all items. Do not add words to the bid form except on the lines indicated. Unauthorized conditions, limitations, or provisions attached to the bid will be cause for rejection.

B. No telegraphic bid or telegraphic modification of a bid will be considered. Bids received after the deadline will not be considered. Late bids will be returned to bidders unopened.

1.10. EXAMINATION OF SITE OF WORK

Before submitting a bid, each bidder is advised to visit both Health Centers, read the Specifications and all other proposed Contract Documents. Prior to the bidding, each bidder shall fully inform himself or herself of existing conditions and limitations under which Work is to be performed, and shall include in the bid a sum to cover the cost of items necessary to perform the Work

IFB No. 0001-2025 Athletics Transportation Services 2024-25 Page 7 as set forth in the proposed Contract Documents. No allowances will be made to a bidder because of lack of such examination or knowledge. The submission of a bid shall signify that the Bidder has made such examination.

1.11 RESERVED RIGHTS

The University reserves the right to reject any and all bids or to accept any bid in the interest of Coppin State University. For the same reason, the University reserves the right to waive any informally in a bid.

1.12. MINORITY BUSINESS ENTERPRISE SUBCONTRACTOR PARTICIPATION

N/A

1.13. PROOF OF COMPETENCY OF BIDDER

Bidders may be required to furnish evidence satisfactory to the University that they and their proposed subcontractors have sufficient means and experience in the types of work called for to assure completion of the Contract in a satisfactory manner.

Information may include, but not limited to:

a) Financial Resources

b) Performance Record

c) Integrity and Ethics

d) Organization and Skills

e) Equipment and Facilities

1.14. WITHDRAWAL OF BIDS

A. Bidders may withdraw their bids, either personally or in writing, at any time prior to the scheduled time for opening bids.

B. Bidders may not withdraw their bid for a period of thirty (30) calendar days after the date set for opening thereof, and bids shall be subject to acceptance by the University during this period.

1.15. AWARD OR REJECTION OF BIDS

The Contract, if awarded, will be awarded to the responsible bidder who has proposed the lowest Contract Sum, subject to the University's right to reject any or all bids, to waive informality and irregularity in the bids and in the bidding, and to negotiate with any of the bidders.

1.16 EXECUTION OF AGREEMENT

A. The Form of Agreement the successful bidder will be required to execute is Sample Contract, Appendix E if the bid amount exceeds $100,000. A purchase order will be issued if the amount is under $100,000.

B. The bidder to whom the Contract is awarded shall, within fifteen (15) calendar days after notice of award and receipt of Agreement forms from the University:

1. Sign and deliver required copies to the University.

2. Provide evidence of insurance

3. Submit executed Bonds, if applicable

C. At or prior to delivery of the signed Agreement, the bidder to whom the Contract is awarded shall deliver to the University those Certificates of Insurance the Contract Documents require.

A person convicted of bribery, attempted bribery, or conspiracy to bribe shall be disqualified from entering into a contract with any county or other subdivision of the State. Every business entity upon submitting a bid or otherwise applying for a contract shall submit an affidavit stating whether it, its officers, directors, or partners, or its employees have been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any State or the Federal government.

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1.18. PERFORMANCE BOND AND PAYMENT BOND

N/A

1.19. PREPARATION OF BID

Bids shall be submitted in duplicate with an itemized cost of all equipment and materials, including delivery and installation, if applicable. Corporate Bids shall be signed with the legal name of the Corporation followed by the name of the State of Incorporation and the legal signature of an officer authorized to bind the Corporation to a Contract.

Bids shall be filed on or before the time and date designated in the Bid Advertisement. Bids received after the advertised due date and time may, at the University's discretion, be returned to the Bidder un-opened.

1.20 NO SMOKING POLICY

Smoking is prohibited in all University owned, operated, rented, or leased buildings, grounds and outdoor structures including all University buildings, including facilities, residence halls, and storage units; on University grounds and outdoor structures, including sidewalks, parking lots, fields, and recreational areas; and in University owned and state operated vehicles.

Additionally, the sale and distribution of tobacco and tobacco-related products will be prohibited on university owned property.

[END OF SECTION I]

IFB No. 0001-2025 Athletics Transportation Services 2024-25 Page 9

No. 0001-2025

SECTION II

SOLICITATION REQUIREMENTS, CONDITIONS AND CONTRACT TERMS

A. Solicitation Requirements and Conditions

1. Public Information Act Notice

Bidders should give specific attention to the identification of those portions of their bids which they deem to be confidential, proprietary information or trade secrets and provide any justification why such materials, upon request, should not be disclosed by the State under the Access to Public Records Act, State Government Article, Title 10, Subtitle 6, Part III, Annotated Code of Maryland.

2. Minority Firms

Minority Business Enterprises are encouraged to respond to this Request for Bid, Request for Quotation or solicitation. (For more information see the enclosed Vendor Information Sheet).

3. Arrearage By submitting a response to this solicitation, a vendor shall be deemed to represent that it is not in the arrears in the payment of any obligation due and owing the University or the State of Maryland, including the payment of taxes and employee benefits, and that it shall not become in arrears during the term of this contract if selected for contract award.

4. Bid Affidavit

The attached bid affidavit must be completed, signed, and returned with the contractor's bid.

Each Bidder if a corporation; shall complete the enclosed Bid Affidavit and submit with its bid or bid.

5. Discrimination The Contractor hereby assures the University that Contractor is in compliance with all relevant Federal and State laws and executive orders prohibiting discrimination on the basis of race, color, religion, sex, national origin, age, or condition handicap.

6. Termination This request for bid implies no obligation on the part of Coppin State University, and any contractual agreements entered into as a result of this quotation may be terminated at any time without cause by or cost to Coppin State University.

7. Tax Exemption Coppin State University is an agency of the State of Maryland and is therefore, exempt from all Federal, State and Municipal taxes (Tax Exempt No. 30002563). The successful bidder must withhold all applicable State and Federal taxes and Social Security taxes from anyone under their employ.

8. Omissions in Bids Should there be any omissions and/or unclear specifications or general conditions, it shall be the responsibility of the bidder to clarify such items with the University before submitting a bid.

IFB No. 0001-2025 Athletics Transportation Services 2024-25 Page 10

9. Bid Acknowledgment The act of submitting a bid is to be considered acknowledgment by the bidder that he has visited the site, taken field measurements where applicable and is familiar with the conditions and requirements affecting the work.

Failure to do so will not relieve a successful bidder of his obligation to furnish all materials and labor necessary to carry out the provisions of the contract to complete the work for the consideration set forth in his bid.

The Bidder shall be responsible for reading very carefully and understanding completely the requirements and specifications of the items bid upon. The bid due time will be and must be scrupulously observed. Under no circumstances will bid delivered after the time specified be considered.

10 Bid Sheet Submittal Bid prices should be submitted on either the enclosed bid sheet (if applicable) or on the vendor's letterhead

(containing the name and address of the vendor). On bids involving option year prices, please indicate on the bid sheet the year being covered by the bid.

11. Bid Protests

Any "interested party" may "protest" against the award of a contract by notifying the Procurement Officer indicated herein in writing within the time frame and manner called for in COMAR 21.10.02. If the alleged improprieties become known prior to the bid opening, a protest should be filed prior to the bid opening.

12. Bidder’s Responsibility Before award of a contract, the University may require the bidder to submit such evidence of its responsibility as they may deem appropriate and may consider any information available to them from any source concerning the qualifications and abilities of the bidder. Bidders may be required to make an oral presentation to the Issuing Office for the purpose of clarifying their bid.

13. Contract Supervision The supervision of the performance of this Contract is vested in the Office of Capital Planning & Contracts Project

Manager or his/her designee.

14. Contract Transferability The contract may not be transferred. The Contractor may not subcontract, in whole or in part, any portion of this contract unless specific permission has been granted in writing prior to the commencement of any work.

15. IFB Addenda and Amendments All addenda and amendments issued by the University shall become a binding part of the specifications and will be incorporated into the contract.

16. The Contractor will:

A. Provide, at own expense, all required equipment not provided by the University. The Contractor shall repair, replace, and supplement such equipment to the extent necessary to insure efficient and satisfactory operation. Ownership of such equipment shall be vested in the Contractor.

B. Pay for all permits, licenses, fees, and sales tax and to give all notices and comply with all laws, ordinances, rules and regulations of the County of Baltimore, the State of Maryland and the Government of the United States.

C. The Contractor shall use reasonable care in the use of space assigned to him, and upon termination of the contract shall leave such space in as good condition as when received except for ordinary wear and tear, and damage or destruction beyond his control and not due to his fault or negligence.

IFB No. 0001-2025 Athletics Transportation Services 2024-25 Page 11

D. The Contractor shall maintain and operate the facilities and services included in the contract in a courteous, efficient and orderly manner, and in conformance with all applicable building, health, and other laws and regulations.

17. Out-of-State Firms

When awarding any contract by competitive bidding, the University as an agency of the State of Maryland must give performance to the lowest "responsive" bid from a Maryland resident firm over that of a non-resident firm if the State in which the non-resident firm is located gives a resident firm preference.

18. Bid Signature This bid must be signed by an owner, partner, or in the case of a corporation, the President, Vice President, Secretary or other corporate officer.

19. Insurance

The Contractor must agree to indemnify and save harmless Coppin State University of Maryland and the State of Maryland from claims, suits, actions, damages and costs of every name and description, arising out of or resulting from the performance of the contract, vandalism and acts of God excepted. Unless otherwise noted, the Contractor must provide and maintain liability insurance naming both the Contractor and Coppin State University of Maryland as Joint Assureds with a combined single limit of at least $1,000,000 for Personal Injury and Property Damage. The Contractor shall furnish Coppin State University of Maryland with a certificate showing that such insurance is in effect and that the protection afforded unless the policy will not be canceled or reduced until at least twenty (20) days prior notice is sent to Copping State University by the insurance company or agent, such notice being sent by registered mail. The Contractor must provide and maintain for the lift of this agreement, appropriate coverage for such employees as are required to be covered by the provisions of the Workmen's Compensation Law. [Bidders shall refer to the Standard General Conditions for Construction, Attachment F, regarding full insurance coverage.]

20. Performance and Payment Bond Not Required

B. Contract Terms and Conditions

1. CHANGES

(1). The procurement officer unilaterally may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make any change in the work within the general scope of the contract, including but not limited to changes:

(a) In the specifications (including drawings and designs);

(b) In the method or manner of performance of the work;

(c) In the State-furnished facilities, equipment, materials, services, or site; or

(d) Directing acceleration in the performance of the work.

(2). Any other written order or an oral order, including a direction, instruction, interpretation or determination, from the procurement officer that causes any such change, shall be treated as a change order under this clause, provided that the Contractor gives the procurement officer written notice stating the date, circumstances, and source of the order and that the Contractor regards the order as a change order.

(3) Except as herein provided, no order, statement, or conduct of the procurement officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment hereunder.

(4) Subject to paragraph F, below, if any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, IFB No. 0001-2025 Athletics Transportation Services 2024-25 Page 12 whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writing accordingly; provided, however, that except for claims based on defective specifications, no claim for any change under B, above, shall be allowed for any costs incurred more than 20 days before the Contractor gives written notice as therein required; and provided further, that in the case of defective specifications for which the University is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with such defective specifications. Appendix

5) If the Contractor intends to assert a claim for an equitable adjustment under this clause, he shall, within 30 days after receipt of a written change order under (1), above, or the furnishing of written notice under (2), above,· submit to the procurement officer a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the University. The statement of claim hereunder may be included in the notice under (2), above.

(6) Each contract modification or change order that affects contract price shall be subject to the prior written approval of the procurement officer and other appropriate authorities and to prior certification of the appropriate fiscal authority of fund availability and the effect of the modification or change order on the project budget or the total construction cost. If, according to the certification of the fiscal authority, the contract modification or change order will cause an increase in cost that will exceed budgeted and available funds, the modification or change order may not be made unless sufficient additional funds are made available or the scope of the project is adjusted to permit its completion within the project budget.

(7) No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.

2. NON-HIRING OF EMPLOYEES

No employee of the State or any unit thereof whose duties as such employee include matters relating to or affecting the subject matter of this contract shall, while so employed, become or be an employee of the party or parties hereby contracting with the State of Maryland or any unit thereof.

3. MARYLAND LAW PREVAILS

The laws of Maryland shall govern the interpretation and enforcement of this Contract.

4. NON-DISCRIMINATION IN EMPLOYMENT

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

5. CONTINGENT FEE PROHIBITION

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

6. MULTI-YEAR CONTRACTS CONTINGENT UPON APPROPRIATION

If the General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be canceled

IFB No. 0001-2025 Athletics Transportation Services 2024-25 Page 13 automatically as of the beginning of the fiscal year for which funds are not appropriated or otherwise made available; provided, however, that this will not affect either the State’s rights or the Contractor’s rights under any termination clause in this Contract. The effect of termination of the Contract hereunder will be to discharge both the Contractor and the University from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the Contract. The University shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first.

7. DISPUTES

A. This contract is subject to the USM Procurement Policies and Procedures

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

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

D. Within 30 days after contractor knows or should have known of the basis for a claim relating to this contract, contractor shall file a written notice of claim with the procurement officer.

E. Contemporaneously with, or within 30 days after, the filing of a notice of claim, contractor shall submit the written claim to the procurement officer. If contractor so requests, the procurement officer, on conditions the procurement officer deems satisfactory to the unit, may extend the time in which contractor must submit the claim. An example of when a procurement officer may grant an extension includes situations in which the procurement officer finds that a contemporaneous or timely cost quantification following the filing of the notice of claim is impossible or impractical.

F. The claim shall set forth all the facts surrounding the controversy. Contractor, at the discretion of the procurement officer, may be afforded an opportunity to be heard and to offer evidence in support of the claim.

G. The procurement officer shall mail or deliver written notification of the final decision within:

(1) 90 days after the procurement officer receives the claim if the claim is an amount for which the Appeals Board accelerated procedure, set forth in COMAR 21.10.06.12, may be used;

(2) 180 days after the procurement officer receives the claim for a claim not covered under §G(1) of this regulation; or

(3) A longer period that the procurement officer and contractor agree to in writing.

H. The final decision may award a contract claim only for those expenses incurred not more than 30 days before contractor was initially required to have filed the notice of claim.

I. The procurement officer's decision is the final action of the University. If the procurement officer fails to render a final decision within the time required, contractor may .deem the failure to be a final decision not to pay the claim.

J. If the final decision grants the claim in part and denies the claim in part, the University shall pay contractor the undisputed amount. Payment of the partial claim is not an admission of liability by the University and does not preclude the University from recovering the amount paid if a subsequent determination modifies the final decision.

K. Contractor may file a written appeal with the Maryland State Board of Contract Appeals within 30 days of receipt of notice of the decision.

L. Pending resolution of a claim, contractor shall proceed diligently with the performance of the contract in accordance with the procurement officer's decision. "

8. SITE INVESTIGATION

The Contractor acknowledges that he has investigated and satisfied himself as to the conditions affecting the work, including but not restricted to those bearing upon transportation, disposal, handling and storage of

IFB No. 0001-2025 Athletics Transportation Services 2024-25 Page 14 materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the work. The Contractor further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the University, as well as from information presented by the drawings and specifications made a part of this contract. Any failure by the Contractor to acquaint himself with the available information may not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the work. The University assumes no responsibility for any conclusions or interpretations made by the Contractor on the basis of the information made available by the University.

9. DIFFERING SITE CONDITIONS

(1) .The Contractor shall promptly, and before such conditions are disturbed, notify the procurement officer in writing of: (1) subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or (2) unknown physical conditions at the site of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract.

The procurement officer shall promptly investigate the conditions, and if he finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly.

(2). No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required in (1) above; provided, however, the time prescribed therefore may be extended by the University. (3) No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract."

10. TERMINATION FOR CONVENIENCE

Upon a thirty (30) written notice to the Consultant, CSU may terminate this Contract, in whole or in part, whenever the University shall determine that such termination is in the best interest of CSU. CSU shall pay all reasonable costs incurred up to the date of termination and all reasonable costs associated with termination of the Contract.

However, the Consultant shall not be reimbursed for anticipatory profits. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of the University System of Maryland's (USM) Procurement Policies and Procedures.

11. TERMINATION FOR DEFAULT

When the Consultant has not performed or has unsatisfactorily performed the Contract, payment shall be withheld at the discretion of the State. Failure on the part of the Consultant to fulfill contractual obligations properly or on time, or any other violation of the Contract, shall be considered just cause for termination of the Contract, upon written notice to the Consultant. All finished or unfinished work provided by the Consultant shall, at the University’s option, become the University’s property. The University shall pay the Consultant fair and equitable compensation for satisfactory performance prior to receipt of notice of termination, less the amount of damages caused by Consultant’s breach. If the damages are more than the compensation payable to the Consultant, the Consultant will remain liable after termination and the University can affirmatively collect damages. Termination hereunder, including the determination of rights and obligations of the parties, shall be governed by the provisions of the University System of Maryland's (USM) Procurement Policies and Procedures.

12. LIQUIDATED DAMAGES.

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Time is an essential element of the contract and it is important that the work be vigorously prosecuted until completion. For each day that any work shall remain uncompleted beyond the time(s) specified elsewhere in the contract, the Contractor may be liable for liquidated damages in the amount of 500.00 per day, provided, however, that due account shall be taken of any adjustment of specified completion time(s) for completion of work as granted by approved change orders.

13. DELAYS AND EXTENSIONS OF TIME

The Contractor agrees to perform the work continuously and diligently and no charges or claims for damages shall be made by the Contractor for any delays or hindrances from any cause whatsoever during the progress of any portion of the work specified in this Contract. Time extensions will be granted only for excusable delays that arise from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, acts of the public enemy, acts of the State in either its sovereign or Contractual capacity, acts of another Contractor in the performance of a State Contract, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or the delay of subcontractor or supplier arising from unforeseeable causes beyond the control and without the fault or negligence of either the Contractor or the subcontractors or suppliers.

14. VARIATIONS IN ESTIMATED QUANTITIES

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

15. SUSPENSION OF WORK.

(1).The procurement officer unilaterally may order the Contractor in writing to suspend, delay, or interrupt all or any part of the work for a period of time as he may determine to be appropriate for the convenience of the

(2). If the performance of all or any part of the work is for an unreasonable period of time, suspended, delayed, or interrupted by an act of the procurement officer in the administration of this contract, or by his failure to act within the time specified in this contract (or if no time is specified, within a reasonable time), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by an unreasonable suspension, delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent (1) that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor or (2) for which an equitable adjustment is excluded under any provision of this contract.

(3). No claim under this clause shall be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the procurement officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order, and unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of a suspension, delay, or interruption, but not later than the date of final payment under the contract."

16. NOTICE OF PRE-EXISTING REGULATIONS

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In accordance with the provisions of Section 11-206 of the State Finance and Procurement Article, Annotated Code of Maryland, the regulations set forth in USM Procurement Policies and Procedures in effect on the date of execution of this Contract are applicable to this Contract.

17. PAYMENT OF STATE OBLIGATIONS

Payments to the Contractor pursuant to this Contract shall be made no later than 30 days after the State’s receipt of a proper invoice from the Contractor. Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code of Maryland, or by the Public Service commission of Maryland with respect to regulated public utilities, as applicable, are prohibited.

18. FINANCIAL DISCLOSURE

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

19. POLITICAL CONTRIBUTION DISCLOSURE

The Contractor shall comply with Article 33, Section 30-1 through 30-4 of the Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other agreements with the State, a county, or an incorporated municipality, or their agencies, during a calendar year in which the person received in the aggregate $100,000 or more, shall file with the State Administration Board of Election Laws a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election.

The statement shall be filed with the State Administration Board of Election Laws:

a. before a purchase or execution of a lease or contract by the University, a county, an incorporated municipality, or their agencies, and shall cover the proceeding two calendar years; and

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

20. RETENTION OF RECORDS

The Contractor shall retain and maintain all records and documents relating to this contract for three years after final payment by the University hereunder or any applicable statute of limitations, whichever is longer, and shall make them available for inspection and audit by authorized representatives of the University, including the procurement officer or designee, at all reasonable times.

21. COMPLIANCE WITH LAWS

The Contractor hereby represents and warrants that:

a. 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;

b. 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 terms of this Contract;

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

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

22. COST AND PRICE CERTIFICATION

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The Contractor by submitting cost or price information certifies that, to the best of its knowledge, the information submitted is accurate, complete, and current as of a mutually determined specified date prior to the conclusion of any price discussions or negotiations for:

a. negotiated contract, of the total contract price is expected to exceed $100,000, or a small amount set by the procurement officer; or

b. a change order or contract modification, $100,000 or a small amount set by the procurement officer.

c. the price under this Contract any change order or modification hereunder, including profit or, fee, shall be adjusted to exclude any significant price increases occurring because the Contractor furnished cost or price information which

23. INTELLECTUAL PROPERTY

Contractor 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.

24. CONFLICT OF INTEREST OF LAW

It is unlawful for any State officer, employee, or agent to participate personally in his official capacity through decision, approval, disapproval, recommendation, advice, or investigation in any contract or other matter in which he, his spouse, parent, minor child, brother or sister, has a financial interest or to which any firm, corporation, association, or other organization in which he has a financial interest or in which he is serving as an officer, director, trustee, partner, or employee or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, is a part, unless such officer, employee or agent has previously complied with the provisions of Article 40A, 3-101 et seq. of the Annotated Code of Maryland.

25. ANTI-BRIBERY

a. Vendors and Contractors are required to be aware of Maryland Code, State Finance and Procurement Article 12-

101 which requires that any person convicted of bribery, attempted bribery, or conspiracy to the bribe based upon acts committed after July 1, 1977, in the obtaining of a contract from the disqualification pursuant to Maryland Code, State Finance and Procurement Article 12-101 from entering into a contract with the State or any county or other subdivision of the State, for the supply of materials, supplies, equipment or services by the person.

b. By executing any subsequent Contract as a result of this solicitation the Contractor affirms under the penalties of perjury that to the best of its knowledge, neither it nor any of its officers, directors, partners or any of its employees directly or indirectly involved in obtaining contracts with the State of Maryland, or any county or subdivision of the State has been convicted of, or have pleaded nolo contender to a charge of bribery, attempted bribery or conspiracy to bribe under the laws of any state or the federal government.

26. EXEMPTION

The State is generally exempt from Federal Excise Taxes, Maryland Sales and Use Taxes, District of Columbia Sales

Taxes and Transportation Taxes. Exemption certificates shall be completed upon request. Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply.

27. DELIVERY

Delivery shall be made in accordance with the bids specifications. The State reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. The materials listed in the bid shall be delivered FOB the point or points specified prior to or on the date specified in the bid. Any material that is defective or fails to meet the terms of the bid specifications shall be rejected. Rejected materials shall be promptly replaced. The State reserves the right to purchase replacement materials in the open market. Vendors

IFB No. 0001-2025 Athletics Transportation Services 2024-25 Page 18 failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any.

28. NON-ASSIGNMENT

Vendors or Contractors shall not sell, transfer, or otherwise assign its obligation under any subsequent contract or any portion there-of, or of its rights, title, or interests therein, without prior written notice to the University.

29. EPA COMPLIANCE

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

30. OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA)

All materials, supplies, equipment or services supplied as a result of this contract shall comply with the applicable U.S.

and Maryland Occupational Safety and Health Act standards.

31. INCORPORATION BY REFERENCE

All terms and conditions of the Purchase Order including the Vendor's Proposal, Proposal affidavit, Contract Affidavit, any amendments, addenda or changes and the Contractor’s response to the IFB shall be incorporated by reference to this Contract.