IFB R6045833A.pdf

INVITATION FOR BID

MARYLAND AVIATION ADMINISTRATION

PURCHASING AND MATERIALS MANAGEMENT SECTION

7005 Aviation Blvd., Glen Burnie MD 21061

Bid Title: Sign Making Materials at BWI Thurgood Marshall

Airport

Bid Submittal Due Date: June 28, 2024 at 2:00pm

Bid Opening Date/Time: June 28, 2024 at 2:30pm

Site Visit: N/A

IFB NO:

R6045833A

Deadline for Questions: All questions must be submitted in writing via email and received no later than 2:00pm on Wednesday, June 20, 2024. Please type the

IFB# in the subject line when submitting questions.

CONTACT PERSON: Phoebe Yost PHONE: 410-859-7666

E-MAIL ADDRESS: pyost@bwiairport.com

ISSUE DATE:

June 17, 2024

SECTION A – GENERAL CONDITIONS OF INVITATION FOR BID

Bids are to be submitted to the Airport Contract Administrator via email at pyost@bwiairport.com.

NOTE: Maryland Aviation Administration (MAA) can only accept e-mails that are less than or equal to 8MB. If a submission exceeds this size, split the submission into two or more parts and include the appropriate part number in the subject (e.g., part 1 of 2) after the subject line information above. It is the Bidders responsibility to ensure their bid was received. Late bids will not be accepted. All items are to be quoted F.O.B. destination and include all shipping, handling, and administrative charges.

The MAA will NOT accept multiple or alternate bids with this solicitation.

The bid is submitted with the understanding that the Bidder shall comply with the attached MAA Terms and Conditions for Purchase Orders under $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 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 mailto:pyost@bwiairport.com be furnished or work to be done, it being understood that the submission of a bid is an agreement with all the items and conditions referred to herein.

As an option for meeting the MBE/DBE participation goal set out for this procurement in part or in total, the Maryland Aviation Administration (MAA) strongly encourages joint venture partnerships between the prime and MBE/DBE firms.

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 $5,000.00. To check status or for additional information, go to the SDAT website at http://sdatcert3.resiusa.org/UCC-

Charter/CharterSearch_f.aspx.

The MAA reserves the right to reject 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 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 questions regarding this IFB, please contact Phoebe Yost at pyost@bwiairport.com.

eMarylandMarketplace (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://emma.maryland.gov , click on “Register” to begin the process, and then follow the prompts.

http://sdatcert3.resiusa.org/UCC-Charter/CharterSearch_f.aspx http://sdatcert3.resiusa.org/UCC-Charter/CharterSearch_f.aspx http://www.gad@comp.state.md.us https://emma.maryland.gov/

INVOICE 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.

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

mailto:maaacctpayable@bwiairport.com

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. R6045833A. 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: pyost@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.

MDOT 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:pyost@bwiairport.com

SECTION B – SUMMARY STATEMENT

The Maryland Department of Transportation Aviation Administration (MAA) is issuing this Invitation for

Bid (IFB) to procure sign making material and supplies for Baltimore/Washington International Thurgood

Marshall Airport (BWI Marshall).

It is the State’s intention to obtain services, as specified in this IFB, from a Contract between the successful

Bidder and the State.

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 sign making material and supplies.

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

CONTRACT DURATION

The Contract that results from this solicitation is not to exceed $50,000.00.

CONFLICT OF INTEREST

The Bidder shall complete and sign the Conflict of Interest Affidavit and Disclosure (SECTION F) and submit it with its Proposal.

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 items 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.

APPROVED EQUALS

Approved equals are not permitted with this solicitation.

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.

LEAD TIME

If lead times are not met, the MDOT MAA reserves the right to cancel or to accept the item at a discounted price negotiated at time of occurrence or at the restocking price, whichever is determined between both parties.

TECHNICAL PROVISIONS

Contractor Qualifications:

The Contractor must have three (3) years’ experience as a company working in the commercial sign material supply fabrication business. MAA shall not accept the experience of individual employees or combinations of employees as company experience. The contractor shall submit 3 commercial references that can substantiate the experience requirement. The references shall include Company address, contact person, telephone number, email address, term of contract, description, and amount.

Contractor’s Responsibilities

All bid pricing must be received on the attached Excel 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 attached Excel Bid Worksheet. No other amount will be paid to the vendor. A Bidder shall not include with a Bid any stipulations or qualifications. MDOT MAA shall reject any Bid that contains stipulations and qualifiers and proceed to the next lowest, responsive bid from a responsible bidder.

The Contractor may not substitute materials without the written approval of MAA. If the incorrect materials are used the Contractor shall correct the mistake at its expense, with corrective work beginning within forty-eight (48) hours of being notified. If corrections are not made MAA may withhold payment for any and all work completed and proceed to another Contractor.

Communications

The Contractor shall establish a Project Manager for the duration of this Blanket Purchase Order

(BPO). Contactor or staff must be available for consultation with MAA staff on an as needed basis between 7:30 am to 4:00 pm Monday through Friday, and after-hour emergency service if needed.

Familiarity with Laws

The Contractor shall be familiar with and follow all Federal, State, local and municipal laws, ordinances, rules and regulations which in any manner affect those engaged or employed in the work, or the materials or equipment used in or upon the work, or in any way affect the work. No plea of misunderstanding shall be considered due to ignorance thereof. If the Contractor shall discover any provision in the Specifications or other IFB Documents which is contrary to, or inconsistent with, any such law, ordinance, rule, or regulation, he shall immediately report it to the Procurement Officer in writing.

Removal of Defective Work

All work and materials, which do not conform to the requirements of the IFB, shall be considered unacceptable and shall be replaced immediately with acceptable material.

Any defective work, whether the result of poor workmanship, use of defective materials, damage through carelessness or any other cause, found to exist, shall be removed and replaced by work and materials which shall conform to the specifications or shall be remedied otherwise in an acceptable manner authorized by MDOT MAA. Upon any failure by the Contractor to comply promptly with any order of MDOT MAA made under the provisions of this section, MDOT MAA shall have the authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed, and to deduct the costs attributable to such corrective notions from any monies due or to become due to the Contractor under this BPO.

SECTION C – BID WORKSHEET

All bids must be received on the attached Excel spreadsheet. A completed excel Bid Worksheet, completed

Bid Affidavit (Section D) and a completed Conflict of Interest Affidavit (Section E), must be received for the bid to be completed. 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

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

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 on this project, the bidder has considered all 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, or on the basis of 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 submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder 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 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 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 or proposal and:

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

(2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the bid or 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 or 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 submitted by the bidder on this project, and terminate any contract awarded based on the bid.

B-2. CERTIFICATION REGARDING VETERAN-OWNED SMALL BUSINESS

ENTERPRISES.

The undersigned bidder 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 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 21.11.12; 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

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

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

(1) The business was not established and it 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. SUB-CONTRACT AFFIRMATION

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

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 or offer that is being submitted;

(2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price or price proposal of the bidder or 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 or offer is submitted.

I. CERTIFICATION OF TAX PAYMENT

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, the State Department of Assessments and Taxation, and the 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)

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

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 proposal are consistent with the Federal Trade Commission’s Guides for the Use of Environmental

Marketing Claims as provided in 16 CFR §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 or 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:______________________

SECTION E - CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE

A. "Conflict of interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the State, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.

B. "Person" has the meaning stated in COMAR 21.01.02.01B(64) and includes a bidder, offeror, contractor, consultant, or subcontractor or subconsultant at any tier, and also includes an employee or agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a bid or offer is made.

C. The bidder or offeror warrants that, except as disclosed in §D, below, there are no relevant facts or circumstances now giving rise or which could, in the future, give rise to a conflict of interest.

D. The following facts or circumstances give rise or could in the future give rise to a conflict of Interest (explain detail—attach additional sheets if necessary):

E. The bidder or offeror agrees that if an actual or potential conflict of interest arises after the date of this affidavit, the bidder or offeror shall immediately make a full disclosure in writing to the procurement officer of all relevant facts and circumstances. This disclosure shall include a description of actions which the bidder or offeror has taken and proposes to take to avoid, mitigate, or neutralize the actual or potential conflict of interest. If the contract has been awarded and performance of the contract has begun, the contractor shall continue performance until notified by the procurement officer of any contrary action to be taken.

F. Any former and/or current employees of the State of Maryland must comply with the State

Ethics law and with State Law on secondary employment if applicable.

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:______________________________________

(Authorized Representative and Affiant)

SECTION F - TERMS AND CONDITIONS FOR PURCHASE ORDERS UNDER $50,000

“Delivery shall be made in accordance with the solicitation specifications. The State, in its sole discretion, may intend 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 dated specified in the bid or proposal. Any materials that is defective or fails to meet the terms of the solicitation specifications shall be rejected.

Rejected materials shall be promptly replaced. The State reserves the right to purchase replacement materials in the open market. Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement plus applicable expenses, if any”.

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.

The scope of work, or materials, 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 a 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. When a contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply.”

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 materials that is defective or fails to meet the terms of the solicitation specifications shall be rejected.

Rejected materials shall be promptly replaced. The State reserves the right to purchase replacement materials in the open market. Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement plus applicable expenses, if any. If the Contractor fails to make delivery in accordance with its quoted time frame, and the MAA is required to obtain the needed goods or services on the open market, the Contractor shall be liable for any excess costs to the MAA.”

Non-Hiring Employees.

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

Nondiscrimination in Employment.

“The Contractor agrees not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, marital status, national origin, ancestry, or physical or mental handicap unrelated in nature and extent so as reasonably to preclude the performance of such employment and to post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause.”

Financial Disclosure.

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

Political Contribution Disclosure.

“The Contractor shall comply with the provisions of Article 33, Sections 30-1 through 30-4, Annotated

Code of Maryland which require that every person that enters into contracts, leases, or other agreements with the State of Maryland or a political subdivision of the State, including its agencies, during a calendar year under which the person receives in the aggregate $10,000 or more, shall on or before February 1 of the following year file with the Secretary of State certain specified information to include disclosure of political contribution in excess of $100 to a candidate for elective office in any primary or general election.”

Anti-Bribery.

“The Contractor warrants that neither it or any officer, director, or partner, nor any involved in obtaining contracts with the State, or any subdivision of the State has been convicted of bribery, attempted bribery or conspiracy to bribe, nor has engaged in conduct since July 1, 1977 which would constitute bribery, attempted bribery, or conspiracy to bribe under the laws of any state or the federal government.”

Registration.

“Pursuant to Sect. 7-201 es seq of the Corporations and Associations Article of the Annotated Code of

Maryland, Corporations not incorporated in the State shall be registered with the State Department of

Assessments and Taxation, 301 W. Preston St., Baltimore, Maryland 21201, before doing any interstate business in this State, a foreign corporation shall qualify with the Department of Assessments and

Taxation.”

Contingent Fee.

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

EPA Compliance.

“Materials, supplies, equipment, or services shall comply in all respects with the Federal

Noise Control Act of 1972, where applicable.”

Occupational Safety and Health Act

(O.S.H.A.).

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

Termination for Convenience.

“Upon written notice to the contractor, the State may terminate this contract, in whole or in part, whenever the State shall determine that such termination is in the best interest of the State. The State shall pay all reasonable costs incurred up to the date of termination and all reasonable costs associated with termination of the contract. However, the Contractor may not be reimbursed for anticipatory profits.”

Termination for Default.

“When the Contractor has not performed or has unsatisfactory performed the contract, payment shall be withheld at the discretion of the State. Failure on the part of the Contractor to fulfill contractual obligations shall be considered just cause for termination of the contract and the Contractor is not entitled to recover any costs incurred by the Contractor up to the date of termination.”

Disputes.

“The contract shall be subject to the provisions of Title 15 Subtitle 2, of the State Finance and Procurement

Article of the Annotated Code of Maryland and COMAR 21.10(Administrative and Civil Remedies).

Pending Resolution of a claim the Contractor resolution of a claim the Contractor shall proceed diligently with the performance of the contract in accordance with the procurement officer’s decision.”

Multi-Year Contracts.

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

Intellectual Property.

“Contractor agrees to indemnify and save harmless the State, it’s officers, agents and employees with respect to any claim, action, cost or judgment for patent infringement, or trademark or copyright violations arising out of purchase or use of materials, supplies, equipment of services covered by the contract.”

Maryland Law Prevails.

“The provisions of this contract shall be governed by the laws of Maryland.”

Contractor’s Invoices.

“Contractor agrees to include on the face of all invoices billed to the State, its Federal Tax Identification or

Social Security number.”

Pre-existing Regulations.

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

Republic of South Africa.

“The Contractor warrants that it is in compliance with Sections 14-501 through 14-507 of the State Finance and Procurement Article, Annotated Code of Maryland, governing the conduct of its business, if any, in or with the Republic of South Africa.

Indemnification.

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

Conflicting Terms.

“Any proposal for terms in addition to or different from those set forth in this purchase order or any attempts by the Contractor to vary any of the terms of this offer by Contractor’s acceptance shall not operate as a rejection of this offer, unless such variance is in the terms of the description, quantity, price or delivery schedule, but shall be deemed a material alteration thereof, and this offer shall be deemed acceptable by the

Contractor without the additional or different terms. If this purchase order is an acceptance of a prior offer by the Contractor, the acceptance is expressly conditioned upon Contractor’s assent to any additional or different terms contained herein. The Contractor understands and agrees that the terms and conditions of this purchase order may not be waived.”

Governmental Restrictions.

“In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the supplier to notify the Purchasing Department at once, indicating in his letter the specific regulation which required an alteration. The State reserves the right to accept any such alteration, including any price adjustments occasioned thereby or to cancel the contract at no expense to the

State.”

Changes.

“The Procurement Officer may, at any time, by written order designated or indicated to be a change order, make any change in the work within the general scope of the contract. If any change under this clause causes an increase or decrease in the contractor’s cost of, or the time required for, the performance of any part of the work under this contract, an equitable adjustment shall be made and the contract modified in writing accordingly. Each change that results in an increase in cost shall be subject to prior written approval of the procurement officer and other appropriate authorities as required by Maryland Law and shall be subject to available appropriation.”

Central Collection.

“The MAA may refer any amount due and payable by the contractor to the central collection unit of the

Maryland Department of Budget and Fiscal Planning for collection. Should any debt due and payable be referred to the central collection unit, Maryland Law provides that a fee of17% of the amount due will be imposed on the debtor in addition to the amount due.

Abnormal Quantities.

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

New Materials.

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

Assignment.

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

Bid Award-Resident Business.

“Pursuant to Section 14-401 of the State Finance and Procurement Article of the Annotated Code of

Maryland, the procuring agency shall give a percentage preference to the lowest responsible and responsible bid from a Maryland firm over that of a nonresident firm if the state in which the nonresident firm is located gives a resident business preference.

The percentage of preference awarded under this section shall be the same as that awarded by the State in which the non-resident firm is located.

This provision…