IFB_NO_R6047593__BPM049004__Stairway_Fireproofing.pdf

Revised 7-27

SUBMIT

BID TO:

INVITATION FOR BID

MARYLAND AVIATION ADMINISTRATION

PURCHASING AND MATERIALS

MANAGEMENT SECTION

Bid Title: Stairway Fireproofing

BID SUBMISSION IS DUE: Wednesday April 9, 2025, 2:00 PM EST

BID OPENING Date/Time: Wednesday April 9, 2025, 2:30 PM EST

IFB NO: R6047593

(BPM049004)

SITE VISIT: Thursday March 27, 2025, 10:00 AM EST

DEADLINE FOR QUESTIONS: All questions must be submitted in writing via email and received not later than Monday March 31, 2025, 2:00 PM EST

CONTACT PERSON: Jimmie Michael PHONE: 410-859-7339

E-MAIL ADDRESS: amichael1@bwiairport.com

ISSUE DATE: 03/14/25

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. The State of Maryland invites your firm to participate in the attached procurement that has been designated as a Small Business Reserve (SBR). In order to obtain an award, your firm must be registered and certified in the SBR Directory in the

State’s eProcurement system eMaryland Marketplace Advantage (eMMA). Refer to the attached link on how to register to become a certified small business eligible for the SBR

Program using the eMMA Quick Reference Guide (QRG) 7. SBR

Certification/Recertification (eMMA QRG) (maryland.gov) https://procurement.maryland.gov/business-community/

However, if small businesses do not show interest in this solicitation, the Procurement

Officer has the right to remove the SBR designation via an Amendment on eMMA.

SECTION A – GENERAL CONDITIONS OF INVITATION FOR BID

eMaryland Marketplace

Advantage (eMMA) https://procurement.maryland.gov/business-community/

One Original Bid Submission shall be received by the issuing office via eMaryland Marketplace

Advantage (eMMA). eMarylandMarketplace Advantage (eMMA) is an electronic commerce system administered by the Maryland Department of General Services (DGS). In addition to using other means for transmitting the IFB and associated materials, the solicitation and summary of the pre-bid conference, addenda, and other solicitation related information will be provided via eMMA. In order to receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to https://emma.maryland.gov/ click on “Register” to begin the process, and then follow the prompts. Bidders shall provide their Bids in one envelope through eMMA following the Quick Reference Guides (QRG) labelled “4 - eMMA QRG Responding to

Solicitations (IFB)” for single envelope submissions.

All items are to be quoted F.O.B. destination and include all shipping, handling and administrative charges. MAA will NOT accept multiple alternate bids for this solicitation.

The bid is submitted with the understanding that the Bidder shall comply with the attached MDOT

MAA Terms and Conditions for Purchase Orders over $50,000.00 and all State of Maryland

Procurement Regulations in effect at the time of submission and the instructions provided herein.

The Bidder shall acknowledge in writing the receipt of all amendments, addenda and changes issued.

This procurement is being conducted as a competitive sealed bid. The award will be to the lowest responsive bid from a responsible bidder in whole or in part at the States discretion. Bids are irrevocable for 120 days. All bids must be in US Dollars.

Each Bidder before submitting a bid shall become fully informed as to the extent and character of the work required. No consideration shall be granted for any alleged misunderstanding of the material to be furnished or work to be done, it being understood that the submission of a bid is an agreement with all of the items and conditions referred to herein.

MBE firms are encouraged to respond to this solicitation notice.

By submitting a response to this bid, a Bidder shall be deemed to represent that it is not in arrears in the payment of any obligation due and owing the State of Maryland, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the contract, if selected for contract award. Vendor shall be registered in good standing with Maryland

Department of Assessments and Taxation (SDAT) to receive contract award exceeding

$50,000.00. To check status or for additional information, go to the SDAT website at http://www.dat.maryland.gov/Pages/sdatforms.aspx.

The MAA reserves the right to reject any and all bids and/or waiver minor irregularities if in its judgment, the interest of the MAA may so require.

The State of Maryland requires all contractors to be registered to receive State payments by electronic funds transfer (EFT) before any contract exceeding $200,000 is approved by the

Maryland Board of Public Works. If you want to receive all payments from the State using the https://emma.maryland.gov/ https://procurement.maryland.gov/emma-qrgs/ http://www.dat.maryland.gov/Pages/sdatforms.aspx

EFT Program, request more information, or request Form X-10, please call 1-888-784-0144 or by email at www.gad@comp.state.md.us.

If there should be any concerns regarding this IFB, please contact Jimmie Michael, Purchasing and

Materials Management Section at 410-859-7339.

eMarylandMarketplace Advantage (eMMA) is an electronic commerce system administered by the Maryland Department of General Services (DGS). In addition to using other means for transmitting the IFB and associated materials, the solicitation and summary of the pre-bid conference, Bidders’ questions and the Procurement Officer’s responses, addenda, and other solicitation related information will be provided via eMMA. In order to receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to https://procurement.maryland.gov, click on “Register” to begin the process, and then follow the prompts.

GC - 2.0 BID OPENING

The Maryland Aviation Administration will hold a public bid opening on Wednesday April 9, 2025, at 2:30 PM EST. This meeting will occur via Microsoft Teams. Join the meeting now

GC - 3.0 INVOICING AND PAYMENTS

A. All invoices or correspondence pertaining to invoices shall be identified with the Contract number and either e-mailed to the MDOT MAA Accounts Payable (AP) department at maaacctpayable@bwiairport.com; or forwarded to the following address:

Maryland Aviation Administration

Accounts Payable Department

P.O. Box 8789

BWI Airport, MD 21240-0789

Note: The Administration’s AP Department prefers to receive invoices and correspondence pertaining to invoices via the e-mail address provided.

http://www.gad@comp.state.md.us https://gcc01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprocurement.maryland.gov&data=02%7C01%7Cpyost%40bwiairport.com%7Cf29e8c5a9ed7461e058f08d70bd39766%7Cb38cd27c57ca4597be2822df43dd47f1%7C0%7C1%7C636990875712976772&sdata=eCUmDbVIJfDm%2FdtD%2FrbHzmysXb48rMFHcA1sSI7u8%2Bg%3D&reserved=0 https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzhhM2M1MDktYWE1Yy00MjZiLThjOWQtZjJmZDg4MmRjZjNm%40thread.v2/0?context=%7b%22Tid%22%3a%22b38cd27c-57ca-4597-be28-22df43dd47f1%22%2c%22Oid%22%3a%220065a123-f283-4c79-b888-2fb305d1fea9%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_YzhhM2M1MDktYWE1Yy00MjZiLThjOWQtZjJmZDg4MmRjZjNm%40thread.v2/0?context=%7b%22Tid%22%3a%22b38cd27c-57ca-4597-be28-22df43dd47f1%22%2c%22Oid%22%3a%220065a123-f283-4c79-b888-2fb305d1fea9%22%7d mailto:maaacctpayable@bwiairport.com

B. Contractor shall include the Vendor Federal Tax I.D. number or the Social Security Account number on the invoice submitted.

C. The Administration reserves the right to request electronic versions of all invoices submitted to the Administration Accounts Payable (AP) Department and/or to the Contract

Administrator. This practice is intended to facilitate invoice approval and payment to the

Contractor, as well as accurate record keeping of all services provided.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

ATTACHMENT A – PRE-BID CONFERENCE RESPONSE FORM

The Maryland Department of Transportation, Maryland Aviation Administration will hold a pre bid/Site Visit on Thursday March 27, 2025, at 10:00 AM EST. This meeting will be in person.

Attendance is not mandatory, but interested bidders are encouraged to attend.

Solicitation Number IFB R6047593 (BPM049004)

Solicitation Title Stairway Fireproofing

Please return this form by Wednesday March 26, 2025, 4:00 PM EST advising whether or not your firm plans to attend. The completed form should be returned via e-mail to the Procurement Officer at the contact information below:

Procurement Officer Name: Jimmie Michael

E-mail: amichael1@bwiairport.com

Please indicate:

o Yes, the following representatives will be in attendance.

Attendees:

1.

2.

3.

4.

No, we will not be in attendance.

Bidder:

Bidder Company Name (please print or type)

By:

Signature/Seal

Printed Name:

Title:

Dat:

NOTICE TO VENDORS - NO-BID NOTICE

Maryland Wants to Do Business with You

The Procurement and Materials Management Section (PMMS) of the Maryland Department of

Transportation Maryland Aviation Administration has solicited your participation in the Invitation for Bid process for IFB No. R6047593 (BPM049004). To help us improve the quality of State bid and proposal solicitations, we ask that you take a few minutes and provide comments and suggestions regarding the enclosed solicitation. Please complete the following and return this form to Maryland Aviation Administration, Procurement and Materials Management Section, 7005

Aviation Boulevard., Glen Burnie MD 21061, email at: Jimmie Michael amichael1@bwiairport.com.

I. If you have responded with a "No Bid" please indicate the reasons below:

Other commitments preclude our participation at this time.

The subject of the contract is not something we normally provide.

Do not have the necessary equipment, labor and capital required.

Do not have the experience necessary to perform the work.

The specifications are either unclear, or too restrictive. Please explain in remarks section.

Doing business with Government is simply too complicated.

We cannot be competitive. Please explain in Remarks section.

Time for completion is too short.

Bonding and/or Insurance requirements are prohibitive. Please explain in Remarks section.

Bid/Proposal requirements, other than specifications are unreasonable or too risky. Please explain in remarks section.

Prior experience with State of Maryland contracts was unprofitable or otherwise unsatisfactory. Please explain in Remarks section.

II. If you have submitted a bid or proposal, but wish to offer suggestions or express concerns, please use the Remarks section below.

Remarks:

Vendor Name: Date:

Contact Person: Phone:

Address:

NOTE: Complete this form only if you do not intend to bid or wish to express concerns or comments. MAA is interested in improving its competitive bid process and your comments are important to this endeavor. A "No Bid" reply does not remove you from the bidder’s list. Thank you for your help.

mailto:amichael1@bwiairport.com

SECTION B – SUMMARY STATEMENT

The Maryland Aviation Administration (MAA) is issuing this Invitation for Bids (IFB) to procure

Stairway Fireproofing.

It is the State’s intention to obtain services, as specified in this IFB, from a Contract between the successful Bidder and the State. This is a One Time Service to be provided under this Contract.

The State is issuing this solicitation for the purposes of providing information to Bidders interested in preparing and submitting bids to meet MAA’s requirement for the Stairway Fireproofing.

MAA intends to make a single award as a result of this IFB.

PRE BID/SITE INSPECTION

A pre-bid/site inspection will be conducted on at the following location:

7005 Aviation Blvd

Glen Burnie, MD 21061

MAC Building/Purchasing & Materials Management Section

Once the Pre-bid meeting is concluded a site visit to be conducted at the location.

QUESTIONS AND ANSWERS

Written questions from prospective Bidders will be accepted by the Procurement Officer.

Questions to the Procurement Officer shall be submitted via e-mail address provided on page one of this IFB. Please identify in the subject line the Solicitation Number and Title. Please submit questions before the question’s deadline listed on page one of the IFB. The Procurement Officer, based on the availability of time to research and communicate an answer, shall decide whether an answer can be given before the Bid due date. If time permits, answers to all substantive questions that have not previously been answered, will be posted on eMMA as an addendum to the IFB.

CONFLICT OF INTEREST

The Offeror shall complete and sign the Conflict of Interest Affidavit and Disclosure (Section G) and submit it with its Bid.

By submitting a Conflict of Interest Affidavit and Disclosure, the Contractor shall be construed as certifying all Contractor Personnel and subcontractors are also without a conflict of interest as defined in

COMAR 21.05.08.08A.

Additionally, a Contractor has an ongoing obligation to ensure that all Contractor Personnel are without conflicts of interest prior to providing services under the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR 21.05.08.08.

Participation in Drafting of Specifications: Disqualifying Event: Bidders are advised that Md. Code Ann.

State Finance and Procurement Article §13-212.1(a) provides generally that “an individual who assists an executive unit in the drafting of specifications, an invitation for bids, a request for proposals for a procurement, or the selection or award made in response to an invitation for bids or a request for proposals, or a person that employs the individual, may not: (1) submit a bid or proposal for that procurement; or (2) assist or represent another person, directly or indirectly, who is submitting a bid or proposal for that procurement.” Any Offeror submitting a Proposal in violation of this provision shall be classified as “not responsible.” See COMAR 21.05.03

INSURANCE REQUIREMENTS

The Contractor shall be responsible for indemnifying MAA, the State of Maryland, The

Maryland Department of Transportation, (MDOT), and their authorized officers, directors, agents, employees, volunteers, and representatives for any and all operations authorized under this Contract and as set forth.

Commercial General Liability insurance shall be a limit of not less than Two Million Dollars

($2,000,000) for each occurrence.

General Aggregate Limit Per Project/Contract be no less than Four Million Dollars ($4,000,000) with an endorsement to include “on-going operations” and “completed operations” coverage with

Products/Completed Operations Aggregate Limit of no less than Four Million Dollars ($4,000,000).

Commercial Automobile Liability Insurance Restricted Areas (Non-Movement Area Access – Aircraft ramp areas): A limit of not less than Five Million Dollars ($5,000,000) for each accident.

Workers’ Compensation (WC) Coverage shall be at statutory limits as required by the laws of the

State of Maryland.

Employer’s Liability (EL) The commercial umbrella and/or employers liability limits shall not be less than One Million Dollars ($1,000,000) each accident for bodily injury by accident or One Million Dollars

($1,000,000) each employee for bodily injury by disease

MDOT MAA must be named as an insured and the coverage can be for the duration of the work.

The Holder’s address is:

(This info should be in the Certificate Holder Box)

Maryland Aviation Administration

PO Box 8766

BWI Airport, MD 21240-0766

The State of Maryland, MDOT, and the MAA and their employees and authorized agents are included as

Additional Insured under Commercial General Liability as required by written contract.

(This info should be in the Description of Operations box)

“If there is a contract no. and/or job name.”

“IFB NO. R6047593 Stairway Fireproofing”

Evidence of Insurance The Commercial General Liability and Automobile Liabilities policies, and any other policies required by this Contract, shall be primary and non-contributory with respect to the

Administration, the State of Maryland, the Maryland Department of Transportation, and their authorized officers, directors, agents, employees, volunteers, and representatives and Contractor must provide proof to the Administration of such. Any other coverage (insurance or otherwise) available to the

Administration, the State of Maryland, the Maryland Department of Transportation, and their authorized officers, directors, agents, employees, volunteers, and representatives shall be excess over the insurance required of the Contractor and shall not contribute with it. Either a separate copy of the primary and non-contributary endorsement(s) or a copy of the policy language that gives the Administration, the State of

Maryland, the Maryland Department of Transportation, and their authorized officers, directors, agents, employees, volunteers, and representatives automatic primary and non-contributory status are required and must be provided with any certificate of insurance. Policy number must be referenced on endorsement, or the form number must be referenced on certificate. Listing insurances as primary and non-contributory on the Certificate of Insurance alone is not acceptable.

TECHNICAL PROVISIONS

Scope of Work for stairway CS3 and CS5 Fireproofing.

The Contractor shall furnish all necessary supervision, labor, skilled technicians, supplies, tools, equipment, licenses, and expertise required to furnish Fireproofing for Maryland Aviation Administration

(MAA) at Baltimore/Washington Thurgood Marshall International Airport.

The Contractor shall be responsible for becoming acquainted with the conditions relating to the scope of work and restrictions pertaining to the execution under this scope of work. The Contractor shall also take full responsibility for obtaining information concerning the conditions of the location of the work to be done.

The Contractor is responsible for following all Security and safety policies and protocols at BWI Airport.

The Contractor shall be responsible for any damage to the surrounding area at his/her own expense.

The Contractor shall be responsible for the proper disposal of all trash and debris from the work site at the end of each day needed to complete this job.

The goal of the project on CS3 and CS5 Stairwell at BWI terminal building is to fireproof exposed structural metal framing that was compromised by water leaking from the ceiling of the terminal building.

The area is approximately (8-10) Sq Ft. The objective is to make repairs to the exposed area with similar commercial materials to match the existing fireproofing, in color, thickness, durability and fire code requirements. Environmental controls are required while work is being performed until completion.

Inspections of underlying potential damages are needed. Any unforeseen potential issues must be communicated with MAA. Scaffolding must be used to complete this project. All safety regulation including harnesses, fall protection and PPE (high visibility and safety vest) must be worn until job completions. Also, MDE rules and regulation must be followed.

Any changes or modification to the scope of work must be communicated to the MAA.

The Contractor will not need a badge, BMX (Building Maintenance) will provide an escort.

Work Location: Baltimore/Washington Thurgood Marshall International Airport 7050 Friendship Road

BWI Airport, Maryland 21240

Contractor parking will be at 7001 Aviation Blvd Glen Burnie, Maryland 21061 at the employee parking lot.

The Contractor is to complete the Fireproofing in eight (8) hours. The Workday will be a Monday through

Friday between the hours of 8:00 AM to 4:00 PM.

SECTION C – BID WORKSHEET

All prices are fully loaded prices, that includes all cost/expenses associated with the provision of this IFB.

The bid price shall include, but is not limited to all: profit/overhead, general operating administrative, freight and all other expenses necessary to provide the item listed in the Bid Worksheet. No other amount will be paid to the vendor.

In preparing its Bid, the Contractor shall not include with the Bid any stipulation(s) or qualification(s).

The MAA shall reject any Bid that contains stipulations and qualifiers and proceed to the next lowest, responsive bid from a responsible bidder.

PLEASE SEE EXCEL BID SHEET.

SECTION D – BID/PROPOSAL AFFIDAVIT

A. AUTHORITY

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

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

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

“Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test, disability, or any otherwise unlawful use of characteristics regarding the vendor’s, supplier’s, or commercial customer’s employees or owners. “Discrimination” also includes retaliating against any person or other entity for reporting any incident of “discrimination”. Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the Bid/proposal submitted by the

Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal. As part of its Bid/proposal, the Bidder/Offeror herewith submits a list of all instances within the past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the Bidder/Offeror discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder/Offeror agrees to comply in all respects with the State’s Commercial

Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the

Annotated Code of Maryland.

B-1. CERTIFICATION REGARDING MINORITY BUSINESS ENTERPRISES.

The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State

Minority Business Enterprise Law, State Finance and Procurement Article, § 14-308(a)(2), Annotated

Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a Bid/proposal and:

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

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

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

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

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

Bid/proposal.

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

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

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

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

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

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

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

21.11.13; or

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

C. AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in

Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, § 6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):

D. AFFIRMATION REGARDING OTHER CONVICTIONS

I FURTHER AFFIRM THAT:

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

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

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

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

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

(3)Been convicted under the provisions of Title 18 of the United States Code for violation of the

Racketeer Influenced and Corrupt Organization Act, 18 U.S.C. § 1961 et seq., or the Mail Fraud Act, 18

U.S.C. § 1341 et seq., for acts in connection with the submission of Bids/Proposals for a public or private contract;

(4)Been convicted of a violation of the State Minority Business Enterprise Law, § 14-308 of the State

Finance and Procurement Article of the Annotated Code of Maryland;

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

Annotated Code of Maryland;

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

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

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

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

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

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

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

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

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

(10) Been convicted of a violation of 18 U.S.C. §286 Conspiracy to Defraud the Government with

Respect to Claims, 18 U.S.C. §287, False, Fictitious, or Fraudulent Claims, or 18 U.S.C. §371, Conspiracy to Defraud the United States;

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

(12)Been found to have willfully or knowingly violated State Prevailing Wage Laws as provided in the

State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland, if:

(a) A court:

(i) Made the finding; and

(ii) Decision became final; or

(b) The finding was:

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

(ii) Not overturned on judicial review;

(13)Been found to have willfully or knowingly violated State Living Wage Laws as provided in the State

Finance and Procurement Article, Title 18, Annotated Code of Maryland, if:

(a) A court:

(i) Made the finding; and

(ii) Decision became final; or

(b) The finding was:

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

(ii) Not overturned on judicial review;

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

(a) A court:

(i) Made the finding; and

(ii) Decision became final; or

(b) The finding was:

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

(ii) Not overturned on judicial review; or

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

E. AFFIRMATION REGARDING DEBARMENT

I FURTHER AFFIRM THAT:

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

F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES

I FURTHER AFFIRM THAT:

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

Procurement Article of the Annotated Code of Maryland; and

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

G. SUBCONTRACT AFFIRMATION

I FURTHER AFFIRM THAT:

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

H. AFFIRMATION REGARDING COLLUSION

I FURTHER AFFIRM THAT:

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

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

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

I. CERTIFICATION OF TAX PAYMENT

I FURTHER AFFIRM THAT:

Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, State

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

J. CONTINGENT FEES

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

K. CERTIFICATION REGARDING INVESTMENTS IN IRAN

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

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

Maryland; and

(b)It is not engaging in investment activities in Iran as described in State Finance and Procurement

Article, §17-702, Annotated Code of Maryland.

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

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

SUPPLIES AND SERVICES CONTRACTS)

I FURTHER AFFIRM THAT:

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

M. PROHIBITING DISCRIMINATORY BOYCOTTS OF ISRAEL

I FURTHER AFFIRM THAT:

In preparing its bid/proposal on this project, the Bidder/Offeror has considered all bid/proposals submitted from qualified, potential subcontractors and suppliers, and has not, in the solicitation, selection, or commercial treatment of any subcontractor, vendor, or supplier, refused to transact or terminated business activities, or taken other actions intended to limit commercial relations, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel and its territories. The

Bidder/Offeror also has not retaliated against any person or other entity for reporting such refusal, termination, or commercially limiting actions. Without limiting any other provision of the solicitation for bid/proposals for this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid/proposal submitted by the

Bidder/Offeror on this project, and terminate any contract awarded based on the bid/proposal.

N. I FURTHER AFFIRM THAT:

Any claims of environmental attributes made relating to a product or service included in the bid or bid/proposal are consistent with the Federal Trade Commission’s Guides for the Use of Environmental

Marketing Claims as provided in 16 C.F.R. §260, that apply to claims about the environmental attributes of a product, package or service in connection with the marketing, offering for sale, or sale of such item or service.

O. ACKNOWLEDGEMENT

I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of

Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this Bid/proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the

State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the

Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits comprising part of the contract.

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

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

KNOWLEDGE, INFORMATION, AND BELIEF.

By: ___________________________________________

Signature of Authorized Representative and Affiant

Printed Name: ___________________________________

Printed Name of Authorized Representative and Affiant

Title: __________________________________ Date: ________________

Title ___________________________________Date: ________________

SECTION E CONTRACT AFFIDAVIT

A. AUTHORITY

I HEREBY AFFIRM THAT:

I, (print name) ___________________________ possess the legal authority to make this Affidavit.

B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE

DEPARTMENT OF ASSESSMENTS AND TAXATION

I FURTHER AFFIRM THAT:

The business named above is a (check applicable items):

(1) Corporation — ___ domestic or ___ foreign;

(2) Limited Liability Company — ___ domestic or ___ foreign;

(3) Partnership — ___ domestic or ___ foreign;

(4) Statutory Trust — ___ domestic or ___ foreign;

(5) ___ Sole Proprietorship and is registered or qualified as required under Maryland Law.

I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE) filed with the State Department of Assessments and Taxation is:

Name and Department ID

Number:____________________ Address:__________________ and that if it does business under a trade name, it has filed a certificate with the State Department of

Assessments and Taxation that correctly identifies that true name and address of the principal or owner as:

Name and Department ID Number: ________________________

Address: _____________________________________________.

C. FINANCIAL DISCLOSURE AFFIRMATION

I am aware of, and the above business will comply with, the provisions of State Finance and Procurement

Article, §13-221, Annotated Code of Maryland, which require 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 the 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.

D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION

I FURTHER AFFIRM THAT:

I am aware of, and the above business will comply with, Election Law Article, Title 14, Annotated Code of Maryland, which requires that every person that enters into a procurement contract with the State, a county, a municipal corporation, or other political subdivision of the State, during a calendar year in which the person receives a contract with a governmental entity in the amount of $200,000 or more shall file with the State Board of Elections statements disclosing: (a) any contributions made during the reporting period to a candidate for elective office in any primary or general election; and (b) the name of each candidate to whom one or more contributions in a cumulative amount of $500 or more were made during the reporting period. The statement shall be filed with the State Board of Elections: (a) before execution of a contract by the State, a county, a municipal corporation, or other political subdivision of the State, and shall cover the 24 months prior to when a contract was awarded; and (b) if the contribution is made after the execution of a contract, then twice a year, throughout the contract term, on: (i) May 31, to cover the six (6) month period ending April 30; and (ii) November 30, to cover the six (6) month period ending October 31.

E. DRUG AND ALCOHOL FREE WORKPLACE

(Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head’s designee has determined that application of COMAR 21.11.08 and this certification would be inappropriate in connection with the law enforcement agency’s undercover operations.)

I CERTIFY THAT:

(1) Terms defined in COMAR 21.11.08 shall have the same meanings when used in this certification.

(2) By submission of its bid or offer, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall:

(a) Maintain a workplace free of drug and alcohol abuse during the term of the contract;

(b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business’ workplace and specifying the actions that will be taken against employees for violation of these prohibitions;

(c) Prohibit its employees from working under the influence of drugs or alcohol;

(d) Not hire or assign to work on the contract anyone who the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program;

(e) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred;

(f) Establish drug and alcohol abuse awareness programs to inform its employees about:

(i) The dangers of drug and alcohol abuse in the workplace;

(ii) The business’s policy of maintaining a drug and alcohol free workplace;

(iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and

(iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace;

(g) Provide all employees engaged in the performance of the contract with a copy of the statement required by §E(2)(b), of this regulation;

(h) Notify its employees in the statement required by §E(2)(b), of this regulation, that as a condition of continued employment on the contract, the employee shall:

(i) Abide by the terms of the statement; and

(ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction;

(i) Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii), of this regulation, or otherwise receiving actual notice of a conviction;

(j) Within 30 days after receiving notice under §E(2)(h)(ii), of this regulation, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace:

(i) Take appropriate personnel action against an employee, up to and including termination; or

(ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and

(k) Make a good faith effort to maintain a drug and alcohol-free workplace through implementation of

§E(2)(a)—(j), of this regulation.

(3) If the business is an individual, the individual shall certify and agree as set forth in §E(4), of this regulation, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract.

(4) I acknowledge and agree that:

(a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this certification;

(b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend payments under, or terminate the contract for default under COMAR 21.07.01.11 or 21.07.03.15, as applicable; and

(c) The violation of the provisions of COMAR 21.11.08 or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR 21.08.03.

F. CERTAIN AFFIRMATIONS VALID

I FURTHER AFFIRM THAT:

To the best of my knowledge, information, and belief, each of the affirmations, certifications, or acknowledgements contained in that certain Bid/Proposal Affidavit dated ________ , 20___ , and executed by me for the purpose of obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set forth herein.

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

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

KNOWLEDGE, INFORMATION, AND BELIEF.

Date:_______

By:___________________________(printed name of Authorized Representative and affiant)

___________________________(signature of Authorized Representative and affiant)

SECTION F – TERMS AND CONDITIONS OVER $50,000

STATE OF MARYLAND

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND AVIATION ADMINISTRATION

This Purchase Order, with any attachments, shall constitute the entire agreement and contract between the vendor, as named on the face, and the Maryland Aviation Administration, hereinafter may be referred to as “MAA”. The scope of work, or materials, or equipment, or supplies, to be provided shall be specified in the body of this Purchase Order, or as stated in the specific conditions attached.

Payment shall be made upon presentation of a proper invoice in accordance with Sections 15-101 through 15-105 of the State Finance and Procurement Article, Annotated Code of Maryland.

Incorporation by Reference.

“All terms and conditions of the solicitation, and any amendments thereto, are made part of this contract.”

Tax 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 materials 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.”

Specifications.

“All materials, equipment, supplies or services shall conform to federal and State laws and regulations and to the specifications contained in the solicitation.”

Delivery and Acceptance.

“Delivery shall be made in accordance with the solicitation specifications. The State, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor’s control. The State unilaterally may order in writing the suspension, delay, or interruption of performance hereunder. 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 or proposal shall be delivered FOB the point or points specified prior to or on the date specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected.