IFB# 155449-SA Lab Equipment and Supplies.pdf

Invitation for Bid (IFB)

No. 155449-SA

For Lab Equipment and Supplies

Issue Date: May 17, 2024

Pre-Bid Conference: N/A

Deadline for Questions: May 24, 2024 at 3:00 PM

Bid Opening Date: June 7, 2024 at 3:00 PM

WARNING: Contractors who have received this document from a source other than eMaryland

Marketplace advantage should visit the State's eMaryland Marketplace Advantage (eMMA) web site and register as a Vendor. The University uses this web site to post solicitations and all solicitation amendments. The University does not maintain a Proposers/Bidders list.

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

Bids containing terms and conditions contrary to the University of Maryland 's terms and conditions or bids taking exception to any of the terms and conditions in this Invitation for

Bid may be considered non-responsive and the bid may be rejected.

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

Revised 08/16/17 i

Table of Contents

PART I - THE SCHEDULE

Section A-1 - Solicitation / Contract Form

Section A-2 - Instructions, Conditions and Notices to Bidders

Notice to Bidders

A - Issuing Office

B - Pre-Bid Conference

C - Questions

D - Submission of Bids

E - IFB Opening Date

F - Late Bids

G - Duration of Bid

H - Amendments to the IFB

I - Evidence of Responsibility

J - Public Information

K - Electronic Funds Transfer (EFT)

L - Formation of Agreement/Contract with Successful Bidder

M - Affidavits

N – Notice to Bidders – Small Business Reserve Procurement

O – Living Wage Requirements

Section B - Pricing ...................................................................................................................... 6-8

Section C - Description/Specifications/Statement of Work

Specifications

1.0 - Background

Section D - Packaging & Marking

Section E - Inspection and Acceptance

Section F - Deliveries or Performance

Section G - Contract Administration Data

1 - Roles of the University of Maryland Program Manager and Procurement Officer

2- Invoicing

3 - Schedule of Payments

4 - Assignment

5 - Notices

Section H - Special Contract Requirements

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1 - Term of Contract

2 - Insurance Requirements

3 - Parking

4 - Minority Business Enterprise (MBE) Notice

5 - Bid Security or Performance Bond Requirements

6 - Reservation of Rights

7 - Samples

8 - Unable To Bid

9 - Bid Affidavit

10 - Conflict of Interest Affidavit and Disclosure

11 - Minority Business Enterprise (MBE) Participation and Associated Forms

12 - Incurred Expenses

PART II - CONTRACT CLAUSES

Section I - Contract Clauses

1. Scope of Work

2. Compensation and Method of Payment

3. Contract Term

4. University Work Rules

5. Harmony

6. Clean Up

7. Independent Contractor

8. Multi-Year Contracts Contingent Upon Appropriations

9. Variations in Estimated Quantities

10. Liquidated Damages

11. Cost and Price Certification

12. Delays and Extensions of Time

13. Suspension of Work

14. Payment of University Obligations

15. Delivery and Acceptance

16. Non-Hiring of Officials and Employees

17. Nondiscrimination in Employment

18. Financial Disclosure

19. Political Contribution Disclosure

20. Disputes

21. Termination for Convenience

22. Termination for Default

23. Arrearages

24. Compliance with Laws

25. Retention of Records

26. Tax Exemption

27. Registration

28. EPA Compliance

29. Occupational Safety and Health Act

30. Maryland Law Prevails

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31. Software Licensing

32. MUCITA

33. Applicability of Federal Laws

34. Protests and Claims

35. Intellectual Property

36. E-Maryland Marketplace Advantage

37. Eligibility to Purchase

38. Changes

40 Information Technology Accessibility

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

Section J - List of Attachments

PART IV - REPRESENTATIONS AND INSTRUCTIONS

Section K – Representations, Certifications and other Statements

Bid/Proposal Affidavit

Contract Affidavit

Conflict of Interest Information

Conflict of Interest Affidavit and Disclosure

Principles of Social Responsibility and Social Responsibility Affidavit Information

Social Responsibility Affidavit and Disclosure

Certification Regarding Investment Activities in Iran

University of Maryland IFB No. ______ for _______

Revised 08/16/17 1

PART I - THE SCHEDULE

SECTION A-1 – SOLICITATION / CONTRACT FORM

1. CONTRACT NUMBER

2. SOLICITATION NUMBER

IFB# 155449-SA

3. TYPE OF SOLICITATION

INVITATION FOR BID

4. DATE ISSUED

05/17/2024

5. REQUISITION NO.

155449

6. ISSUED BY

UNIVERSITY OF MARYLAND

DEPARTMENT OF PROCUREMENT AND STRATEGIC

SOURCING

2113-R CHESAPEAKE BUILDING

COLLEGE PARK, MARYLAND 20742-3111

7. ADDRESS BID TO (If other than Item 6) See Section D. SUBMISSION OF BIDS.

SOLICITATION

8. Bids must be submitted electronically via UMB Box link specified in Section D. SUBMISSION OF BIDS.

CAUTION – LATE Submissions, Modifications, and Withdrawals; see Section B-2, Subsection F entitled "Late Bids". All Bids are subject to all terms and conditions contained in this solicitation.

9. FOR

INFORMATION

CALL

A. NAME

Salem Alsai

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

salsai@umd.edu

D. FAX NUMBER

AREA CODE

NUMBER

301-405-5815

BID (Must be fully completed by Bidder)

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

11. ACKNOWLEDGEMENT OF AMENDMENTS

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

AMENDMENT NO. DATE AMENDMENT NO. DATE

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

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

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

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

12. NAME, ADDRESS AND FEI NUMBER

OF BIDDER

13. BIDDER REMIT-TO ADDRESS

14. NAME AND TITLE OF PERSON

AUTHORIZED TO SIGN BID (Print or Type)

15. TELEPHONE NUMBER 16. SIGNATURE 17. BID DATE

AREA CODE

NUMBER

EXT.

AWARD (To be completed by University)

18. ACCEPTED AS TO ITEMS LABELED

19. AMOUNT 20. FRS ACCOUNT NUMBER

21. ADMINISTERED BY (If other than Item 6)

22. NAME OF PROCUREMENT OFFICER

(Type or Print)

23. UNIVERSITY OF MARYLAND

(Signature of Procurement Officer)

24. AWARD DATE

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

mailto:salsai@umd.edu

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SECTION A2 -- INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS

Notice to Bidders

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

1. Part I, Section A-1 – SOLICITATION / CONTRACT FORM (must be signed by a person with authority to bind your firm).

2. Bid Price Form (Part I, Section B)

3. Representations and Certifications (Part IV)

Required Affidavit (Part IV)

Conflict of Interest Affidavit and Disclosure (Part IV)

Certification Regarding Investment Activities In Iran (Part IV)

4. Acknowledgement of all amendments issued (Part I, Section A-1, item 11) (if any).

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

Please direct any questions to the individual identified in Part I, Section A-1, item 9.

A. ISSUING OFFICE

The sole point of contact at the University of Maryland, College Park (hereinafter “University” or

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

B. PRE-BID CONFERENCE

There will be no pre-bid conference for this solicitation.

C. QUESTIONS

Each Bidder is responsible for reading carefully and understanding fully the terms and conditions of this IFB. All contact between Bidders and the University will be formally made at scheduled meetings or in writing through the Issuing Office. Requests for clarification or additional information must be made in writing by email to the Procurement Officer and received at the

Issuing Office no later than May 24, 2024 at 3:00 PM. The email subject should bear the following phrase: “QUESTIONS: IFB #155449-SA”. Only written communications relative to the procurement shall be considered. Questions shall be sent by e-mail to salsai@umd.edu.

All questions will be answered in writing. Both questions and answers will be distributed, without identification of the inquirer(s), to all Bidders who are on record with the Procurement Officer as having received this IFB. No oral communications can be relied upon for Bid purposes.

mailto:salsai@umd.edu

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

D. SUBMISSION OF BIDS

Bids must be:

(1) submitted in the format set forth herein,

(2) made in the official name of the firm or individual under which Bidder's business is conducted

(including the official business address),

(3) signed by a person duly authorized to commit Bidder to the Bid,

(4) submitted electronically clearly marked with the assigned IFB number in the subject,

(5) addressed to the Procurement Officer identified in Section A-1, Item 9.

Bids must be submitted electronically via UMD Box link:

https://umd.app.box.com/f/481a5b17e7b8496e8e40f2168ea39a60

The file description shall include the IFB# Number - Company Name – “BID”:

Example: IFB# 123456 - XYZ Company - Bid

E. IFB OPENING DATE

Bids must be submitted on or before June 7, 2024 at 3:00 PM. local time, in the format set forth herein. Bids shall be opened electronically in public, to attend the bid opening use this zoom link:

https://umd.zoom.us/j/6944230119?pwd=MVBhRTVSWkRBN2VhZUczV0pPV21XQT09&omn=97995 381281

Bids, amendments to Bids, or requests for withdrawal of Bids arriving after that date and time shall not be considered.

F. LATE BIDS

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

Delivery of the Bid to the specified location by the prescribed time and date is the sole responsibility of the Bidder. Exceptions may be authorized, at the sole discretion of the

Procurement Officer, when the reason for the late Bid, late request for withdrawal or late modification of a Bid is due to the action or inaction of the University. A record of the late Bid, request for withdrawal, or modification of a Bid, shall be made in the appropriate procurement file.

G. DURATION OF BID

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

https://umd.app.box.com/f/481a5b17e7b8496e8e40f2168ea39a60 https://www.google.com/url?q=https://umd.zoom.us/j/6944230119?pwd%3DMVBhRTVSWkRBN2VhZUczV0pPV21XQT09%26omn%3D97995381281&sa=D&source=calendar&usg=AOvVaw2UYrpVqHK6qsyxijOzCUVH https://www.google.com/url?q=https://umd.zoom.us/j/6944230119?pwd%3DMVBhRTVSWkRBN2VhZUczV0pPV21XQT09%26omn%3D97995381281&sa=D&source=calendar&usg=AOvVaw2UYrpVqHK6qsyxijOzCUVH

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H. AMENDMENTS TO THE IFB

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

I. EVIDENCE OF RESPONSIBILITY

Prior to the award of a contract pursuant to this IFB, the Procurement Officer may require Bidder to submit such additional information bearing upon Bidder's ability to perform the contract as the

Procurement Officer deems appropriate. Documentation may include annual reports, cash flow statements, balance sheets, income statements and other documentation as required by the

Procurement Officer. The Procurement Officer may also consider any information otherwise available, and other qualifications or abilities of the Bidder.

J. PUBLIC INFORMATION

All bids will be opened at a public bid opening. The pricing, terms and other information may be read aloud. All bids will be made available for public inspection after award.

K. ELECTRONIC FUNDS TRANSFER (EFT) –(Applies to contracts expected to exceed

$200,000)

By submitting a response to this solicitation, the Bidder agrees to accept payments by electronic funds transfer (EFT) unless the State Comptroller’s Office grants an exemption. The selected

Bidder shall register using the COT/GAD X-10 Vendor Electronic Funds Registration Request

Form, which may be found on the following website:

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

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

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

L. FORMATION OF AGREEMENT/CONTRACT WITH SUCCESSFUL BIDDER

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

Procurement Officer.

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

Revised 08/16/17 5

This IFB and any resulting contract shall be governed by the University System of Maryland

Procurement Policies and Procedures, and University of Maryland Procurement Policies and

Procedures. These policies and procedures may be viewed at the following web site:

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

M. AFFIDAVITS

a. BID AFFIDAVIT

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

b. CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE

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

Section K.

c. FEDERALLY-FUNDED AFFIDAVIT

Not applicable

N. NOTICE TO BIDDERS - SMALL BUSINESS RESERVE PROCUREMENT

O. LIVING WAGE REQUIREMENTS

http://www.purchase.umd.edu/

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SECTION B – PRICING

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

Prices on the Bid Price form submitted must include all associated costs including, but not limited to, costs such as travel, mark-up, overhead, administrative costs and profit. Blanks on the Bid

Price form will be interpreted as zero (0) and no price will be allowed for that item.

EVALUATION

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

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

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

BID PRICE FORM

No. Model Supplier Description Qty Unit Price Total

1 MSO64B/6-BW-4000 Tektronix

4 GHz 4 channels 6 series Oscilloscope 3 year warranty default 4 TPP1000 probes included 1

2 MSO58B/5-BW-1000 Tektronix

1 GHz 8 channels 5 series Oscilloscope 3 year warranty default 8 TPP1000 probes included 1

3 MSO46B/4-BW-1000 Tektronix

1 GHz 6 channels 4 series Oscilloscope 3 year warranty default 6 TPP1000 probes included 1

4 MSO44B/4-BW-1000 Tektronix

1 GHz 4 channels 4 series Oscilloscope 3 year warranty default 4 TPP1000 probes included 1

5 P6015A Tektronix High voltage 20 kV DC Probe, 1000X, 75 MHz 2

Revised 08/16/17 7

6 TPP0850 Tektronix

High voltage 2500Vp, 1000Vrms Probe, 50X, DC- 800 MHz 2

7 THDP0100 Tektronix

2.3 kV, 100 MHz, High Voltage Differential Probe 3

8 THDP0200 Tektronix 1 kV, 200 MHz, High Voltage Differential Probe 3

9 TDP1000 Tektronix

DM Input<+/-42 V, CM Input<+/-35 V, 1 GHz Differential Voltage Probe 4

10 TCP312A Tektronix

DC 30 A, Max RMS: 21.2 A, Peak 50 A, 100 MHz Current Probe 1

11 TCP0030A Tektronix DC 30 A, Max RMS 30 A, Peak 50 A, 120 MHz Current Probe 2

12 TCP305A Tektronix

DC 50 A, Max RMS 35.4 A, Peak 50 A, 50 MHz Current Probe 1

13 TCP0150 Tektronix

DC 150A, Max RMS 150 A, Peak 500 A, 20MHz Current Probe 1

14 TDP7704 Tektronix

TriMode 4 GHz, DM input SMA tip < +/-2 V, FlexPCB tip < +/-5 V, Browser Tip < +/- 12 V, Differential voltage probe 2

15 TAP4000 Tektronix 4 GHz, <+/- 4V Single-ended voltage probe 2

16 TEK-TLP058 Tektronix 8 channel general purpose logic probe, 500 MHz 4

17 HMP4040

Rohde & Schwarz

4 channels with max. 384 W total output power, Single channel maximum 10 A, 32 V, 160 W 2

18 R&S*HO720 for HMP4040 Rohde & Schwarz

Dual Interface (RS-232/USB) option for HMP4040 2

19 33461A Keysight 34461A Digital Multimeter,

6.5 Digit, Truevolt DMM 10

20 U8032A Keysight

Triple Output Power Supply,60V/3A (2x) & 5V/3A;

375W 2

21 U8031A Keysight

Triple Output Power Supply,30V/6A (2x) & 5V/3A;

375W 2

22 E36233A Keysight

400W Autoranging Dual Output Power Supply, 30V, 20A 2

Revised 08/16/17 8

23 E36234A Keysight

400W Autoranging Dual Output Power Supply, 60V, 10A 2

24 Keysight 33622A Keysight 120 MHz 2 channel Signal Generator 3

GPIB interface module installed for 33622 A Keysight

GPIB interface module option for 33600A Trueform Series Waveform 3

26 Keysight 33520B Keysight 30 MHz 2 channel Signal Generator 3

TOTAL Bid Price Items 1-26

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

Revised 08/16/17 9

SECTION C -- SPECIFICATIONS AND DESCRIPTION OF WORK

SPECIFICATIONS

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

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

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

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

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

1.0 BACKGROUND

The University of Maryland College Park is requesting bids from responsive and responsible bidders to supply Lab Equipment includes scopes, probes, function generators, and low-power dc power supplies for power electronics lab. All the equipment are standard warranty while the four oscilloscopes are 3-year warranty. All equipment must be brand new, not pre-owned, used or refurbished. Equipment details are listed on the Bid Price Form in Section B –

Pricing.

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SECTION D - PACKAGING AND MARKING

The following packaging and marking requirements are incorporated herein:

The Bidder shall:

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

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

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

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

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

Section E - Inspection and Acceptance

Section F - Deliveries or Performance

The following delivery or performance requirements are incorporated herein:

Equipment should be delivered to:

Attention: Xin Zan

Phone # 301-405-7540

Email: xinzan@umd.edu

A.V. WILLIAMS BUILDING

8223 Paint Branch Drive, Room: 2410

College Park, MD 20742

1. Prices quoted shall include all transportation and delivery charges fully prepaid by the

Bidder, Free On Board (FOB) Destination to the University of Maryland.

mailto:xinzan@umd.edu

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Section G - Contract Administration Data

1. Roles of the University of Maryland Using Department Representative and Procurement

Officer

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

The University of Maryland’s Using Department Representative (Xin Zan at 301-405-

7540 or xinzan@umd.edu) and designated staff shall be the principal interface on behalf of the University of Maryland for post-award technical matters, and shall have the authority to explain and provide further details regarding the University of Maryland’s expectations concerning the work to be performed hereunder and/or the items to be provided herein. The Contact Person and designated staff shall have no authority to modify any provisions of this contract.

2. Invoicing

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

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

a. Invoice Number

b. Invoice Date

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

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

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

f. Purchase order number and/or contract number.

Direct invoices to the following address:

University of Maryland Accounts Payable – apadmin@umd.edu

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

3. Schedule of Payments

Not applicable.

mailto:xinzan@umd.edu mailto:apadmin@umd.edu

Revised 08/16/17 12

4 Assignment

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

5. Notices

Notices under this contract shall be in writing and shall be considered effective upon personal delivery to the individual listed below or five calendar days after deposit in any

U.S. mailbox, first class and addressed to the other party as follows:

For the University of Maryland:

Salem Alsai

Procurement & Strategic Sourcing

University of Maryland

2113-R Chesapeake Building

College Park, MD 20742-3111

Telephone: 301-405-5815

Facsimile: 301-314-9565

Email: salsai@umd.edu

For Bidder: (please complete the following)

Telephone: ____________________

Facsimile: ____________________

Email: __________________________

Revised 08/16/17 13

Section H - Special Contract Requirements

1. Term of Contract

The contract term shall commence on the date the contract is signed on behalf of the

University or such later date as the University directs. The contract term is One Time purchase.

Optional Quantities

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

2. Insurance Requirements

The Contractor shall defend, indemnify and save harmless the University System of

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

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

a. Commercial General Liability Insurance including all extensions-

$2,000,000 each occurrence;

$2,000,000 personal injury;

$2,000,000 products/completed operations;

$2,000,000 general aggregated

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

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

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

Revised 08/16/17 14

$2,000,000 for each accident, and property damage liability insurance, with a limit of not less than $2,000,000 for each accident.

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

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

Each insurance policy shall contain the following endorsement: "It is understood and agreed that the Insurance Company shall notify the Procurement Officer in writing forty-five (45) days in advance of the effective date of any reduction in or cancellation of this policy." A certificate of each policy of insurance shall be furnished to the Procurement

Officer. With the exception of Workmen's Compensation, upon the request of the

Procurement Officer a certified true copy of each policy of insurance, including the above endorsement manually countersigned by an authorized representative of the insurance company, shall be furnished. A certificate of insurance for Workmen's Compensation together with a properly executed endorsement for cancellation notice must always be furnished. Following the notice of contract award, the requested Certificates and Policies shall be delivered as directed by the Procurement Officer. Notices of policy changes shall be furnished to the Procurement Officer.

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

3. Parking

4. Minority Business Enterprise (MBE) Notice

5. Bid Security or Performance Bond Requirements

Revised 08/16/17 15

6. Reservation Of Rights

The University may cancel this IFB, in whole or in part, or reject all Bids submitted in response to the IFB when such action is determined to be fiscally advantageous to the University and/or the State or otherwise in the best interest of the University and/or the State. The University reserves the right to increase or decrease the quantities of any materials, equipment, supplies or services for which it is soliciting bids hereunder. The University reserves the right to award by item, groups of items or in the aggregate at the University’s discretion.

7. Samples

8. Unable To Bid

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

9. Bid Affidavit

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

10. Conflict Of Interest Affidavit And Disclosure

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

11. Minority Business Enterprise (MBE) Participation and associated Forms

12. Incurred Expenses

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

Revised 08/16/17 16

PART II - CONTRACT CLAUSES

Section I - Contract Clauses

1. Scope of Work

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

2. Compensation and Method of Payment

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

3. Contract Term

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

4. University Work Rules Not Applicable

5. Harmony

6. Clean Up

7. Independent Contractor

8. Multi-Year Contracts Contingent Upon Appropriations

9. Variations in Estimated Quantities

10. Liquidated Damages

11. Cost and Price Certification

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

12. Delays and Extensions of Time

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

(2) Time extensions will be granted only for excusable delays that arise from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not

Revised 08/16/17 17 restricted to, acts of God, acts of the public enemy, acts of the State in either its sovereign or contractual capacity, acts of another Contractor in the performance of a contract with the State, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of either the Contractor or the subcontractors or suppliers.

13. Suspension of Work

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

14. Payment of University Obligations

Payments to the Contractor pursuant to this contract shall be made no later than thirty (30) days after the University’s receipt of a proper invoice from the Contractor. Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement

Article, Annotated Code of Maryland, are prohibited. Electronic funds transfer (EFT) will be used by the State to pay Contractor(s) for Contracts with a value over $200,000 and any other State payments due Contractor(s) unless the State Comptroller’s Office grants Contractor(s) an exemption.

15. Delivery and Acceptance

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

16. Non-Hiring of Officials and Employees

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

17. Nondiscrimination in Employment

The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, marital status, national origin, ancestry, sexual orientation (added effective October 1, 2001) or physical or mental handicap unrelated in nature and extent so as reasonably to preclude the performance of such employment; (b) to include a provision similar to that contained in subsection (a), above, in any subcontract except a subcontract

Revised 08/16/17 18 for standard commercial supplies or raw material; and (c) to post in conspicuous places accessible to employees and applicants for employment, notices setting forth the substance of this section.

18. Financial Disclosure

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

Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business.

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

19. Political Contribution Disclosure

The Contractor shall comply with the provisions of Article 33, Sections 14-101 through 14-104, Annotated Code of Maryland, which require that every person that enters into contracts, leases, or other agreements with the State, a county, a municipal corporation or other political subdivision of the State, or their agencies, during a calendar year in which the person receives in the aggregate

$100,000 or more, shall file with the State Administrative Board of Election laws a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election. The statement shall be filed with the State

Administrative Board of Election Laws:

(1) prior to purchase, completion or execution of any sale or any lease or contract by the

University, and shall cover the preceding two calendar years; and

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

NOTE: The political contribution disclosure form is available as "Title 14" under "Campaign

Finance and Campaign Fund Reporting" under the "Forms" heading of the following web site:

www.elections.state.md.us

20. Disputes

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

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

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

http://www.sos.state.md.us/ http://www.elections.state.md.us/

Revised 08/16/17 19

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

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

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

(7) The Procurement Officer shall render a written decision on all claims within 180 days of receipt of the Contractor's written claim, unless the Procurement Officer determines that a longer period is necessary to resolve the claim. If a decision is not issued within 180 days, the

Procurement Officer shall notify the Contractor of the time within which a decision shall be rendered and the reasons for such time extension. The decision shall be furnished to the

Contractor, by certified mail, return receipt requested, or by any other method that provides evidence of receipt. The Procurement Officer's decision shall be deemed the final action of the

University.

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

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

21. Termination for Convenience

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

(2) After receipt of a Notice of Termination, and except as otherwise directed by the

Procurement Officer, the Contractor shall:

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

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

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

(d) assign to the University, in the manner, at times, and to the extent directed by the

Procurement Officer, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the University shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts;

(e) settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Procurement Officer, to the extent the

Procurement Officer may require, which approval or ratification shall be final for all the purposes of this section;

(f) transfer title and deliver to the University, in the manner, at the times, and to the extent, if any, directed by the Procurement Officer, Revised 08/16/17 20

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

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

University;

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

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

(ii) may acquire any such property under the conditions prescribed by and at a price or prices approved by the Procurement Officer; and provided further that the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the

University to the Contractor under this contract or shall otherwise be credited to the price or cost of the work covered by this contract or paid in such other manner as the Procurement Officer may direct;

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

Notice of Termination; and

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

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

Officer his termination claim, in the form and with certification prescribed by the Procurement

Officer. This claim shall be submitted promptly but in no event later than one (1) year from the effective date of termination, unless one or more extensions in writing are granted by the

Procurement Officer, upon request of the Contractor made in writing within the one-year period or authorized extension thereof. However, if the Procurement Officer determines that the facts justify such action, he may receive and act upon any such termination claim at any time after the one-year period or any extension thereof. Upon failure of the Contractor to submit his termination claim within the time allowed, the Procurement Officer may determine the claim at any time after the one-year period or any extension thereof. Upon failure of the Contractor to submit his termination claim within the time allowed, the Procurement Officer may determine, on the basis of information available to him, the amount, if any, due to the Contractor by reason of the termination and shall thereupon pay to the Contractor the amount so determined.

(4) Subject to the provisions of paragraph (3), the Contractor and the Procurement Officer may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by

Revised 08/16/17 21 reason of the total or partial termination of work pursuant to this section, which amount or amounts may include a reasonable allowance for profit on work done; provided, that such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total contract price as reduced by the amount of payments otherwise made and as further reduced by the contract price of work not terminated. The contract shall be amended accordingly, and the Contractor shall be paid the agreed amount. Nothing in paragraph (5) of this section, prescribing the amount to be paid to the Contractor in the event of failure of the Contractor and the Procurement Officer to agree upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this section, shall be deemed to limit, restrict, or otherwise determine or affect the amount or amounts that may be agreed upon to be paid to the Contractor pursuant to this paragraph.

(5) In the event of the failure of the Contractor and the Procurement Officer to agree as provided in paragraph (4) upon the whole amount to be paid to the Contractor by reason of the termination of work pursuant to this section, the Procurement Officer shall pay to the Contractor the amounts determined by the Procurement Officer as follows, but without duplication of any amounts agreed upon in accordance with paragraph (4):

(a) for completed supplies or services accepted by the University (or sold or acquired as provided in paragraph (2) (g) above) and for which payment has not theretofore been made, a sum equivalent to the aggregate price for the supplies or services computed in accordance with the price or prices specified in the contract, appropriately adjusted for any saving of freight or other charges;

(b) the total of-

(i) the costs incurred in the performance of the work terminated, including initial costs and preparatory expense allocable thereto, but exclusive of any costs attributable to supplies or services paid or to be paid for under paragraph (5)(a) hereof;

a. the cost of settling and paying claims arising out of the termination of work under subcontracts or orders, as provided in paragraph (2) (e) above, which are properly chargeable to the terminated portion of the contract (exclusive of amounts paid or payable on account of supplies or materials delivered or services

b. furnished by subcontractors or Contractors before the effective date of the Notice of

Termination, which amounts shall be included in the costs payable under (g) above); and

(iii) a sum, as profit on (i) above, determined by the Procurement Officer to be fair…