IFB R6048080 Liquid Potassium Acetate.pdf

Bid Title: Potassium Acetate Deicer Fluid Bulk Liquid

IFB NO: R6048080

INVITATION FOR BID

MARYLAND AVIATION ADMINISTRATION

PURCHASING AND MATERIALS MANAGEMENT SECTION

BID SUBMISSION DUE DATE/TIME: Wednesday, 11/12/25 at 2:00 PM EST

BID OPENING Date/Time: Wednesday, 11/12/25 at 2:30 PM EST

IFB NO: R6048080

BPM053595

PROCUREMENT OFFICER/ POINT OF CONTACT (POC):

Phoebe Yost

E-MAIL ADDRESS: pyost@bwiairport.com

PHONE: 410-859-7339

ISSUE DATE:

10/25/25

DEADLINE FOR QUESTIONS: All questions must be submitted in writing via email and received not later than Wednesday 10/29/25 10:00 AM.

SECTION A – GENERAL CONDITIONS

GC - 1.0 BID SUBMISSION

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

Advantage (eMMA). 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://procurement.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 submission.

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 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.

mailto:pyost@bwiairport.com https://procurement.maryland.gov/ https://procurement.maryland.gov/emma-qrgs/

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. The state reserves the right to make multiple awards 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 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

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 Phoebe Yost, Purchasing and

Materials Management Section at 410-859-7666.

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.

http://www.dat.maryland.gov/Pages/sdatforms.aspx 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

GC - 2.0 BID OPENING

The Maryland Aviation Administration will hold a public bid opening on 11/12/25 2:30 PM

EST. This meeting will occur via Microsoft Teams. Join the meeting now

Meeting ID: 215 183 849 441 9

Passcode: Zi2nL9Qm

Dial in by phone

+1 667-262-2962,,626641536# United States, Baltimore

Find a local number

Phone conference ID: 626 641 536#

GC - 3.0 ACKNOWLEDGEMENTS

A Bidder submitting a Bid shall comply with the attached MAA Terms and Conditions for Purchase

Orders over $50,000.00 (Section H) 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. 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.

GC - 4.0 PROCUREMENT METHOD

This procurement is being conducted as a competitive sealed bid (CSB). An award will be made to the lowest responsive bid from a responsible bidder in whole or in part at the State’s discretion.

Bids are irrevocable for 120 days and must be in US Dollars. MBE firms are encouraged to respond to this solicitation notice.

GC - 5.0 AWARDING A BID

The MAA reserves the right to reject any Bids and/or waiver minor irregularities if deemed to be in the best interest of the MAA and the State of Maryland. 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 a Contract award. The MAA intends to make a single award as a result of this IFB. A Bidder shall be registered in good standing with Maryland Department of Assessments and Taxation (SDAT) to receive a contract award exceeding $50,000.00. To check this status or for additional information, go to the SDAT website http://www.dat.maryland.gov/Pages/sdatforms.aspx. 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 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjQ0MzIzOTEtOTBiZi00Mjk5LTgzMTAtNDBmYjAzMTIwYTI5%40thread.v2/0?context=%7b%22Tid%22%3a%22b38cd27c-57ca-4597-be28-22df43dd47f1%22%2c%22Oid%22%3a%22d4c7c69f-bf65-4db3-acf7-79ff84f6e6d5%22%7d tel:+16672622962,,626641536 https://dialin.teams.microsoft.com/bf475622-ba25-438e-9483-abd330e2c794?id=626641536 http://www.dat.maryland.gov/Pages/sdatforms.aspx

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.

GC - 6.0 EMARYLAND MARKETPLACE ADVANTAGE (EMMA)

eMMA is the website utilized for electronically soliciting procurements to the public and is administered by the Office of State Procurement (OSP). The website is used to notify potential

Bidders of solicitations and to provide the necessary documentation needed to submit a Bid or

Proposal. Documentation found on this site includes but is not limited to the Invitation for Bid

(IFB) solicitation and associated supporting documents, Pre-Bid conference transcriptions, Bidders’ questions and Procurement Officer responses, Addendums, Award information for

Contracts over $50,000.00 and other solicitation related information. 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 - 7.0 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.

GC - 8.0 CONFLICT OF INTEREST

8.1 The Bidder 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 items under the Contract. For policies and procedures applying specifically to Conflict of Interests, the Contract is governed by COMAR

21.05.08.08.

8.2 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 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

Offeror submitting a Proposal in violation of this provision shall be classified as “not responsible.” See COMAR 21.05.03

REMAINDER OF THIS PAGE LEFT BLANK

NOTICE TO VENDORS - NO-BID NOTICE

Maryland Wants to Do Business with You

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

Administration has solicited your participation in the Invitation for Bid process for IFB No.

R6048080 (BPM053959). 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 email Phoebe Yost 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. 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 – SPECIAL PROVISIONS

SP - 1.0 SUMMARY STATEMENT

The Maryland Aviation Administration (MAA) is issuing this Invitation for Bids (IFB) to procure Liquid Potassium Acetate Deicer Fluid. It is the State’s intention to obtain items, as specified in this IFB, from a Contract between the awarded Bidder and MAA. MAA is issuing this solicitation for the purposes of providing information to Bidders interested in preparing and submitting a Bid to meet the requirements in the IFB.

SP - 2.0 APPROVED EQUALS

Approved equals are not permitted with this solicitation.

SP - 3.0 LEAD TIME

Deliveries shall be made within 24 hours After Receipt of Order (ARO). If lead times are not met, 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.

SP - 4.0 CONTRACT DURATION

The term of this contract shall be one (1) year from notice to proceed.

SP - 5.0 PREVIOUS USAGE

***MDOT MAA’s usage for the 2023-2024 year’s snow season was 109,565 gallons***

***MDOT MAA’s usage for the 2022-2023 year’s snow season was 130,983 gallons***

SECTION C - TECHNICAL PROVISIONS

MAA is seeking bids from qualified vendors to provide Liquid Potassium Acetate Deicer Fluid, for runways and taxiways in accordance with the specifications, on an as needed basis at

Baltimore/Washington International Thurgood Marshall (BWI Thurgood Marshall) and Martin State

(MTN) Airports.

The bidder must provide evidence that the concentrated liquid chemical potassium acetate base fluid proposed for in the bid complies with the specifications listed herein in order to be considered for award.

SAE AMS 1435D standards, as set forth by the Engineering Society for Advancing Mobility Land Sea

Air and Space are listed as minimum requirements. BWI Marshall, when deemed in its best interest, has required additional and more stringent standards, as noted below, in addition to those required by SAE

AMS 1435D, Material Safety Data Sheet (MSDS) required Federal Aviation Administration (FAA) approval Specification.

The product shall meet the following specifications:

The product shall, as a minimum, comply with all the specifications of the latest issuance of Federal

Aviation Administration (FAA) approved specification SAE AMS 1435D, hereafter “the fluid”, to include applicable documents, technical requirements, and quality assurance provisions. The vendor shall provide a copy of independent laboratory certification of the fluid to SAE AMS 1435D. Certification shall be submitted at time of award.

The product offered shall also conform to the following corrosion and embrittling standards:

ASTM - F 483 Total immersion Corrosion Test for Aircraft Maintenance Chemicals

ASTM - F 519 Mechanical Hydrogen Embrittlement Evaluation of Plating/Coating Processes and

Services Environments

ASTM - F 945 Stress-Corrosion of Titanium Alloys by Aircraft Engine Cleaning Materials

ASTM - F 1110 Sandwich Corrosion Test

ASTM - F 1111 Corrosion of Low Embrittling Cadmium Plate by Aircraft Maintenance Chemicals

There is no guarantee for minimum or maximum usage. MAA has storage capacity for 60,000 gallons of liquid Potassium Acetate. In a large event, MAA could order 4 to 8 truckloads of liquid Potassium

Acetate. MAA will only accept product in bulk loads. 55-gallon drums will not be accepted.

MAA will not consider an alternate or substitute product.

BWI Marshall’s bulk storage tank farm is on a secure side of the airfield. This means that the bidder’s delivery truck will need an escort by MAA personnel from the airport gate onto and off the airport property. Delivery and unloading instructions will be provided by MAA Field Maintenance personnel. No published delivery and unloading procedures will be provided to vendor.

MAA will not accept air assisted compressor bulk deicer fluid tank truck with certified weigh tickets and a weight per gallon product conversion chart as an acceptable alternative to metered pump deliveries.

MAA will not consider modifying the bulk fluid delivery requirement from “within 24 hours” to “within

24-36 hours from order placement or any other time frame”.

Bids are requested from Direct Manufacturers or Stocking Distributors because product quantities per order placed under this contract may vary and orders must be delivered within twenty-four

(24) hours after order is placed by the authorized BWI Marshall personnel.

A Direct Manufacturer is defined as an organization operating a factory on its premises that produces the product and its primary component. A Stocking Distributor is defined as a company that distributes the product from inventory or stock.

Note: BWI Marshall recognizes the value of ISO International Quality Standards. Vendors who document the fluid’s production using ISO 9001:2000 certified processes are asked to submit these documents with your bid.

POTASSIUM ACETATE

1. The fluid shall be minimum 50% potassium acetate by weight with a freezing point in accordance with

ASTM D1177. BWI Marshall retains the right to field test any deliveries.

2. The fluid density shall be 10.68 lbs. + / -0.5 U.S. gallons (1.28 kg/1) at 68ºF (20ºC); the fluid’s pH shall be in the range of 7.0 to 11.5 and within +0.5 and be non-flammable and non-hazardous.

3. The fluid shall not contain urea, ethylene or propylene glycol and be nonflammable, and non-hazardous.

4. The fluid shall be tinted dark blue in color.

5. The vendor shall provide a comprehensive technical bulletin covering at a minimum the fluid’s environmental impact, MSDS, handling, storage, and guidelines for application.

6. The fluid shall be stable and shall not separate in storage. No circulation of the fluid will be required to maintain the quality of its specified formulation.

7. The bidder shall provide a complete acute aquatic toxicity test report for the fluid. The report shall be by an independent party and shall clearly state the use of current U.S. Environmental Protection Agency methods for measuring the acute toxicity of affluent to freshwater and marine organisms. The 48-hour

LC50 shall not be less than 1000mg/L for any tested species.

8. The bidder shall provide a complete report of the fluid’s five (5) and twenty (20) day Biochemical

Oxygen Demand (BOD) at three temperatures. The report shall be by an independent, third party and clearly state compliance with EPA test methods. Total oxygen demand shall not exceed 0.34 grams oxygen/gram.

9. The awarded bidder shall provide comprehensive onsite training to BWI Marshall personnel.

10. The bidder shall provide, as a minimum, the names, addresses, and point of contact at four (4) major airports, within the United States, comparable in size and volume of air traffic to BWI Marshall, to whom it has supplied the fluid during the past year. References may be checked to determine if a bidder meets the requested qualifications and specifications.

11. The fluid shall be manufactured using technology owned by the manufacturer. Fluids manufactured on license or through other arrangements from third parties are not acceptable. A “manufacturer” is an organization operating a factory on its premises that produces the fluid and its primary component potassium acetate.

DELIVERY

1. The fluid will be ordered in increments of approximately 4,400 gallons bulk (truckload). Shipping costs shall be included in the offered price.

2. Within 12 hours of receiving a delivery call order the vendor must be able to provide delivery notification or evidence that it can deliver the product to BWI Marshall’s receiving area. The delivery shall be made within 24 hours of after order is placed by authorized personnel.

3. Orders shall be placed by telephone. The following individuals are authorized by the BWI Marshall

Airport to place orders against this contract: Josha Love (410) 859-7453 or others as authorized.

4. Deliveries shall be made to BWI Marshall Airport, Field Maintenance, 1009 Air Cargo Service Road, BLG 130, BWI Airport, MD 21240.

5. MAA can accept deliveries between the hours of 7:30 A.M. and 3:00 P.M., Monday through Sunday and holidays to the individuals noted above. Under emergency situations (i.e. during a snow removal event), deliveries may be accepted 24-hours-a-day, 7 days-a-week.

6. A minimum time of two (2) hours will be provided at no additional cost to BWI Marshall Airport for unloading each individual truckload delivered.

7. Invoices from the Vendor must have a reference number from “Straight Bill of Lading” to facilitate in matching the invoice to Straight Bill of Lading, for purposes of prompt approval of invoices for payment.

All shipments or services under this contract shall be accomplished by delivery tickets or sales slips.

The delivery tickets or sales slips shall be receipted and retained by MAA representatives authorized to accept the requested materials. Delivery tickets or sales slips shall be prepared in triplicate, and contain the following minimum information:

1. Name of vendor;

2. Contract number;

3. Date of purchase notification;

4. Quantity delivered;

5. Date item(s) delivered;

6. Signature of person receiving delivery;

7. Delivery order number (as applicable)

All quantities are estimated and not to be construed as a minimum or maximum.

Bidder will be responsible for all transportation, shipping, and inside delivery charges.

Bidder to include After Receipt of Order (ARO) in Section D Bid Worksheet the lead time for delivery.

SECTION D – 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 E – 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

Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of

Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction.

H. AFFIRMATION REGARDING COLLUSION

I FURTHER AFFIRM THAT:

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

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

(2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the

Bid/proposal price of the Bidder/Offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the accompanying

Bid/proposal is submitted.

I. CERTIFICATION OF TAX PAYMENT

I FURTHER AFFIRM THAT:

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

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

J. CONTINGENT FEES

I FURTHER AFFIRM THAT:

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

K. CERTIFICATION REGARDING INVESTMENTS IN IRAN

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

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

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

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

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

L. CONFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF

CONGO (FOR SUPPLIES AND SERVICES CONTRACTS)

I FURTHER AFFIRM THAT:

The business has complied with the provisions of State Finance and Procurement Article, §14-

413, Annotated Code of Maryland governing proper disclosure of certain information regarding conflict minerals originating in the Democratic Republic of Congo or its neighboring countries as required by federal law.

M. PROHIBITING DISCRIMINATORY BOYCOTTS OF ISRAEL

I FURTHER AFFIRM THAT:

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

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

State to reject the bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the bid/proposal.

N. I FURTHER AFFIRM THAT:

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

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

O. ACKNOWLEDGEMENT

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

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