MDVA-CEM-CR24-OS2.pdf

MDVA-CEM-CR24-OS2

MARYLAND DEPARTMENT OF VETERANS AFFAIRS

SMALL PROCUREMENT SOLICITATION

KEY INFORMATION SUMMARY SHEET

Invitation for Bids: Maryland Department of Veterans Affairs Temporary Staffing- Office Secretary II for Crownsville State Veterans Cemetery

Solicitation Number: MDVA-CEM-CR24-OS2

Solicitation Issue Date: April 9, 2024

Issuing Office: Maryland Department of Veterans Affairs 16 Francis Street, 4th Floor Annapolis, MD 21401 Phone: (410) 260-3835

Procurement Officer: Tom Johnson Maryland Department of Veterans Affairs 16 Francis Street, 4th Floor Annapolis, MD 21401 Phone: (410) 260-3843 E-mail: tom.johnson@maryland.gov

Contract Monitor: Virginia Ritter Superintendent Maryland Department of Veterans Affairs Crownsville State Veterans Cemetery 1122 Sunrise Beach Road Crownsville, MD 21032

(410) 987-6320 E-mail: virginia.ritter@maryland.gov

Virtual Pre-Bid: N/A Site Visit: N/A

Questions Due By: April 12, 2024, no later than 12:00 noon, EDT Local Time

Closing Date and Time: April 18, 2024, no later than 12:00 noon, EDT Local Time mailto:tom.johnson@maryland.gov mailto:virginia.ritter@maryland.gov

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501 —14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve Program are eligible for award of a contract.

NOTICE

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace (eMMA) https://procurement.maryland.gov should register on eMMA. See Section 6.1.4.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

I. SUMMARY STATEMENT

The State of Maryland and the Maryland Department of Veterans Affairs’ (MDVA)

Cemetery and Memorial Program are honored to offer our veterans and their eligible dependents a final resting place at one of five state veterans cemeteries located throughout Maryland. Since 1980 more than 27,000 Maryland veterans and their eligible dependents have chosen Crownsville State Veterans Cemetery, as their final resting place.

The Crownsville State Veterans Cemetery Administrative office, located in Crownsville, Maryland, requires the temporary staff augmentation services of an Office Secretary II.

II. PROCUREMENT METHOD/ CONTRACT TYPE / BASIS FOR AWARD

This solicitation shall be conducted in accordance with COMAR 21.05.07 – Small Procurement Regulations.

The Contract resulting from this solicitation shall be an indefinite quantity contract with fixed unit prices as defined in COMAR 21.06.03.06(A)(2) and 21.06.03.02(A)(1) and (2).

This Contract shall be awarded to the responsive and responsible bidder whose bid meets the requirements and evaluation criteria set forth in this Solicitation and is the most favorable bid price.

III. BIDDER MINIMUM QUALIFICATIONS:

3.1.1 To be considered reasonably susceptible to being selected for the award, the Bidder must document in its Bid that it satisfies the following Minimum Qualifications:

Contractor business (Name as it appears on the Bid Sheet) shall have three (3) or more years of experience providing temporary staffing services.

3.1.2 Required Documentation: As proof of meeting this requirement, the Bidder shall provide with its Bid:

1. Copies of all State of Maryland licenses and current insurance certificate required to provide the specified services.

2. Three (3) or more references, under the Bidder’s current business name, from the past three (3) years that collectively attest to the Bidder’s required years of experience providing temporary services similar to those requested in this Solicitation.

3. The Department reserves the right to request additional references or utilize references not provided by a Bidder. The Department reserves the right to review other publicly available sources to inform the evaluation of Bidder meeting minimum qualifications.

IV. BIDDER RESPONSIBILITIES:

4.1.1 Bidders must be able to provide all goods and services and meet all of the requirements requested in this solicitation. The successful Bidder shall be responsible for Contract performance including any subcontractor participation.

4.1.2 If the Bidder is the subsidiary of another entity, all information submitted by the Bidder, including but not limited to references, financial reports, or experience and documentation (e.g., insurance policies, bonds, letters of credit) used to meet minimum qualifications, if any, shall pertain exclusively to the Bidder, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Bidder’s Bid shall contain an explicit statement, signed by an authorized representative of the parent organization, stating that the parent organization will guarantee the performance of the subsidiary.

4.1.3 A parental guarantee of the performance of the Bidder under this Section will not automatically result in crediting the Bidder with the experience or qualifications of the parent under any evaluation criteria pertaining to the actual Bidder’s experience and qualifications. Instead, the Bidder’s responsibility will be assessed to the extent to which the State determines that the experience and qualifications of the parent are applicable to and shared with the Bidder, any stated intent by the parent to be directly involved in the performance of the Contract, and the value of the parent’s participation as determined by the State.

V. PRE-BID SITE VISIT/ VENDOR QUESTIONS

A Pre-Bid/Site Visit will not be held. Vendors are encouraged to observe the property on their own during the cemetery's normal operation hours. Please notify the Cemetery Superintendent or designee upon arrival.

5.1.1 By submitting a bid, the Contractor acknowledges that he/she has investigated and satisfied him/herself as to the conditions affecting the work, including but not restricted to those bearing upon transportation, disposal, handling, and storage of materials, availability of labor, water, and electric power. Any failure by the contractor to acquaint him/herself with available information will not relieve the Contractor from responsibility for estimating properly the cost of successfully performing the work. The Maryland Department of Veterans Affairs shall not be responsible for any conclusions or interpretations made by the contractor.

5.1.2 All questions pertaining to this solicitation shall be submitted in eMaryland Marketplace

(eMMA) under the Q & A tab no later than the date and time specified in the Key Information Summary Sheet. 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.

5.1.3 Answers to all questions that are not specific only to the requestor will be distributed via the same mechanism as for amendments and posted on eMMA.

The statements and interpretations contained in responses to any questions, whether responded to verbally or in writing, are not binding on the Agency unless it issues an amendment in writing.

VI. BID CONTENT/RESPONSE SUBMISSION PROCEDURE/DUE DATE AND TIME

6.1.1 Bids must be submitted via EMMA and received by the Procurement Officer no later than the Bid due date and time indicated on the Key Information Summary Sheet in order to be considered. Login: eMaryland Marketplace Advantage (eMMA).

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

6.1.2 Vendor shall submit a bid based on the description of the products or services requested in the specifications. Vendor shall state bid price on Attachment One and shall complete, sign, and submit the bid form (including references), along with applicable licenses, current insurance certificate (do not update the COI at this time), and Acknowledgements of Receipts of Addendum or Amendments to the Solicitation, if issued. Vendor shall submit resumes for a minimum of three (3) available candidates who can provide office secretary II services stated in the Solicitation, at the rate submitted by the vendor on the bid sheet.

6.1.3 Vendors are responsible for ensuring that their bids are delivered via EMMA by the deadline for receipt of bids. Bids received by facsimile or email shall not be accepted.

Bids received after the time and date set for receipt of bids are late. Late bids shall not be considered.

6.1.4 In order to receive a contract award, a vendor must be registered on eMMA. Registration is free. Go to emma.maryland.gov, click on “New Vendor? Register Now” to begin the process, and then follow the prompts.

6.1.5 The Bidder may not substitute, modify, or provide any other document in lieu of the documents provided with this bid. Only those forms and documents provided with this solicitation and by the Procurement Officer will be considered acceptable as bid submission. Please DO NOT send the entire Solicitation document as part of the bid response. Only submit what has been requested.

VII. BIDS – OPENING

Bids will be opened as soon as practicable after the deadline for receipt of bids.

VIII. DURATION OF BID OFFER

Prices submitted in response to this solicitation are irrevocable for one hundred and twenty days (120) days following the due date. Once a bid is accepted, all prices, terms, and conditions shall remain unchanged throughout the contract period.

IX. TERMS AND CONDITIONS

A. The Contractor shall comply with the provisions of State Finance and Procurement Article, Title 19, Annotated Code of Maryland.

B. Termination for Non-appropriation. If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated 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.

C. Maryland Law Prevails. The law of Maryland shall govern the interpretation and enforcement of this Contract.

D. Disputes. Disputes arising under this Contract shall be governed by State Finance and Procurement Article, Title 15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR 21.10 Administrative and Civil Remedies. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer.

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage

E. Changes. This contract may be amended only with the written consent of both parties.

Amendments may not change significantly the scope of the Contract (including the Contract price).

F. Termination for Default. If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the State may terminate the Contract by giving the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

G. Nondiscrimination. The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law.

H. Anti-Bribery. The Contractor certifies that, to the Contractor's best knowledge, neither the Contractor; nor (if the Contractor is a corporation or partnership) any of its officers, Cemetery Superintendents, or partners; nor any employee of the Contractor who is directly involved in obtaining contracts with the State or with any county, city, or other subdivision of the State, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States.

I. Termination for Convenience. The State may terminate this Contract, in whole or in part, without showing cause upon prior written notice to the Contractor specifying the extent and the effective date of the termination. The State shall pay all reasonable costs associated with this Contract that the Contractor has 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 any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A(2).

9.1 Acceptance of Terms and Conditions

By submitting a Bid in response to this Solicitation, the Bidder, if selected for award, shall be deemed to have accepted the terms and conditions of this Solicitation and the Contract attached hereto. Any exceptions to this Solicitation or the Contract must be raised prior to Bid submission. Changes to the solicitation, including the Bid Form or Contract, made by the Bidder may result in Bid rejection.

X. SCOPE OF WORK

1. GENERAL INFORMATION:

Position Description: The Office Secretary provides administrative and secretarial support to the Cemetery Staff and visitors. The Office Secretary provides customer service (via telephone or by direct face-to-face contact) to veterans, their dependents and family members, and members of the general public.

Completion of high school or equivalent, and minimum experience consisting of two years performing secretarial or clerical work involving filing, answering phones, typing duties, data entry, and completion of forms. Sorting mail as well as mail distribution.

Demonstrated ability to type at a minimum of forty words per minute. Candidate must also know how to operate standard office equipment, e.g., copier, fax machine, etc.

Candidate must have strong Microsoft Access, Microsoft Word, and Microsoft Excel skills.

XI. RESERVED

XII. OVERSIGHT AND ACCEPTANCE OF DELIVERABLES

All services under this Scope of Work shall be subject to the direction, acceptance, and approval of the Cemetery Superintendent, Veterans Service Program. See Key Information Sheet for contact information.

XIII. HOURS WHEN WORK MAY BE PERFORMED

Temporary Office Secretary II position services are needed onsite (no telework) at 1125 Sunrise Beach Road, Crownsville, Maryland 21032 from 8:00 a.m. to 4:30 p.m.

Monday through Friday. A one/half hour lunch break may be taken during this time. No Overtime.

XIV. GENERAL CONDITIONS

This is a non-exclusive Contract. It does not include all work expected to be performed in the designated areas. Therefore, at times, other Contractors may be performing similar work that is not associated with this Contract.

Notice to Staffing Agencies: Additional Staffing Agency Fees: As a State of Maryland Executive Agency, the Maryland Department of Veterans Affairs cannot pay conversion, administrative, or other fees associated with a temporary employee attaining permanent-hire status.

XV. PAYMENT

A. METHOD OF PAYMENT

At award and upon receipt of the fully executed Contract, MDVA shall issue a State of Maryland Purchase Order to the Contractor.

B. INVOICING

1. The Contractor shall submit a detailed invoice to the Cemetery Superintendent, Virginia Ritter, of services provided. Invoices shall be presented every two weeks (or monthly, if Contractor prefers). Invoices shall contain the following information: Invoice number, Contract Name/Number and Purchase Order Number, Contractor’s name, mail address, email address, fax and telephone numbers, SERVICES PROVIDED, AND DATE(S) and Federal Tax Identification or Social Security number.

2. The Cemetery Superintendent shall review (and approve if applicable) the Invoice for accuracy and acceptance of stated work as complete, and fees charged, in compliance with Contracted rates.

3. The Cemetery Superintendent shall send the approved invoice to |accounts-payable.mdva@maryland.gov.

mailto:accounts-payable.mdva@maryland.gov

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

Note: The Maryland Department of Veterans Affairs is exempt from Maryland Sales and

Use Taxes.

XVI. SMALL BUSINESS RESERVE (SBR) PROCUREMENT

1. This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by GOSBA Small Business Reserve Program are eligible for award of a contract.

2. For the purposes of a Small Business Reserve Procurement, a small business is a for-profit business, other than a broker, that meets the following criteria:

a) It is independently owned and operated;

b) It is not a subsidiary of another business;

c) It is not dominant in its field of operation; and

1) With respect to employees, in its most recently completed three (3) fiscal years:

a) Its wholesale operations did not employ more than 50 persons;

b) Its retail operations did not employ more than 25 persons;

c) Its manufacturing operations did not employ more than 100 persons;

d) Its service operations did not employ more than 100 persons;

e) Its construction operations did not employ more than 50 persons; and

f) The architectural and engineering services of the business did not employ more than 100 persons; or

2) With respect to gross sales, in its most recently completed three (3) fiscal years:

a) The gross sales of its wholesale operations did not exceed an average of $4,000,000;

b) The gross sales of its retail operations did not exceed an average of $3,000,000;

c) The gross sales of its manufacturing operations did not exceed an average of

$2,000,000;

d) The gross sales of its service operations did not exceed an average of $10,000,000;

e) The gross sales of its construction operations did not exceed an average of

$7,000,000; and

f) The gross sales of its architectural and engineering operations did not exceed an average of $4,500,000.

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

e) Further information on the certification process is available at eMaryland Marketplace Advantage.

3. Ineligible Bids. Under a small business reserve procurement, a business that is not a certified small business is ineligible for award of a contract.

4. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the Governor’s Office of Small, Minority & Women Business Affairs as a small business. A procurement contract award under a small business reserve may not be made to a business that has not been SBR certified.

XVII. LIABILITY

Following (within twenty-four (24) hours of Contract Award, Contractor (and any Subcontractors) shall secure and keep in force until the expiration of this contract insurance as listed below. Additionally, the Contractor shall add the State of Maryland, its officers, employees, and agents as an additional insured. Contractor shall provide prior (at least 30 days) written notice of cancellation, material changes, or non-renewal of coverage, issued to the Maryland Department of Veterans Affairs.

Commercial General Liability:

Bodily Injury/Property Damage Each Occurrence Limit $ 1,000,000

Personal & Advertising Injury Limit $ 1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations Aggregate Limit $ 2,000,000 Fire Legal Liability $ 300,000

Medical Payments to Others $ 10,000

Workmen’s Compensation and Employers Liability Coverage (WC/EL) Section A: Statutory Benefits as required by the State of Maryland;

Section B: Employers Liability - $500,000 Each Accident, $500,000 Disease Policy Limit, $500,000 Disease –

Each Employee

Cyber Liability Insurance: $1,000,000

Umbrella: $2,000,000

XVIII. DURATION OF THE CONTRACT/PROJECT

Term of Contract. The term of this Contract shall be for the period of six (6) weeks from the final date of signature on the fully executed contract. This Contract may be extended on a weekly basis for a period not to exceed six (6) additional weeks. Total hours worked shall not exceed 480 hours.

XIX. ATTACHMENTS

• Attachment Number One: Contract Bid Form

• Attachment Number Two: References

• Attachment Number Three (Exhibit One) - MBE, VSBE, and (if applicable) SBR

Research Factors (DO NOT Submit with your bid)

• Attachment Number Four (Exhibit Two) - Maryland Department of Veterans

Affairs SAMPLE Small Procurement Contract (For Review Purposes Only-DO NOT Submit with your bid)

ATTACHMENT ONE - CONTRACT BID FORM – MDVA-CEM-CR24-OS2

CONTRACTOR INFORMATION: To be completed and signed by Contractor/Vendor.

Company Name:

Business Phone No.:

Federal ID No.:

Address:

Owner/Point of Contact:

Owner/Point of Contact Email Address: Owner/Point of Contact Phone No.:

Number of Years in Business under Present Name:

Other/Former Names under which your Organization has Operated:

Attach a copy of all current Licenses, Permits, and Certificates applicable and required by State, Federal and Local Laws.

Please PROVIDE responses to the following:

U.S. Dept. of Veterans Affairs Verified Veteran-Owned Small Business “VOSB” Yes No State of Maryland MBE Certified: Yes No If yes, MBE Number:

State of Maryland Small Business Enterprise: Yes No If yes, SBE Number:

State of Maryland Small Business Reserve: Yes No If yes, SBR Number:

CONTRACTOR BID PRICING: Quantities are for bid evaluation only, and are not meant to establish minimum, maximum, or exact quantities.

The vendor shall submit resumes for a minimum of three (3) available candidates who can provide office secretary II services stated in the Solicitation, at the rate submitted by the vendor on the bid sheet.

The base bid shall include the total fully loaded cost to provide temporary staffing as described in these specifications. The price shall cover the performance of all requirements. The State reserves the right to cancel this Solicitation or accept or reject any and all Bids, in whole or in part, received in response to this Solicitation.

The Contract resulting from this Solicitation shall be an Indefinite Quantity / Firm Fixed Price Contract. The vendor is bidding on an anticipated/ estimated number of hours. This number may change. The number and type may be impacted by and dependent upon the start date, and other unknown elements.

VENDOR BID:

Line One: Hourly Rate – Office Secretary: Hourly Rate: $

TOTAL EVALUATED COST: HOURLY RATE $ X 480 HOURS X one (1) STAFF = $

VENDOR SIGNATURE: DATE:

ATTACHMENT TWO - REFERENCES: MDVA-CEM-CR24-OS2

CONTRACTOR REFERENCES: Please provide three (3) or more references of your previous work (under your current business name) providing services of a similar nature to the specifications provided, within the last three (3) years.

#1. Company Name: Contact Person:

City:

State: Zip Code:

Phone No.:

Email Address for Contact Person:

Type of Contract: Check all boxes that apply

� Temporary Staffing Administrative � Temporary Staffing Government

Administrative � Temporary Staffing Small Business

Administrative � Other

Term of Contract: to Contract Value: $

Please describe in detail the services that were provided:

#2. Company Name: Contact Person:

Type of Contract: (Please Check Box)

Administrative � Temporary Staffing Small Business

#3. Company Name: Contact Person:

Type of Contract: (Please Check Box)

Administrative � Temporary Staffing Small Business

EXHIBIT NUMBER TWO MDVA-CEM-CR24-OS2

STATE OF MARYLAND

DEPARTMENT OF VETERANS AFFAIRS

SMALL PROCUREMENT CONTRACT

THIS CONTRACT (the “Contract”), is made as of the day of________, 2024, by and between the STATE OF MARYLAND, acting through the MARYLAND DEPARTMENT OF VETERANS AFFAIRS (“Department”), whose principal office is located at 16 Francis Street, Annapolis, Maryland, 21401 and (“Contractor”) whose principal office is located at , together, hereinafter known as “the Parties.” The Parties agree as follows:

1. Scope of Contract.

(a) The Contractor shall provide the following services:

Temporary Staffing Services for the Maryland Department of Veterans Affairs, 16 Francis Street, 4th Floor, Annapolis, Maryland 21032. The Contractor will provide temporary staffing services as specified in Exhibit A - Solicitation MDVA-CEM-CR24-OS2.

The Solicitation dated April 8, 2024, is attached, and incorporated by reference as Exhibit A. The Contractor’s bid or proposal dated is attached and incorporated by references as Exhibit B. If there is any conflict between this Contract and any exhibits incorporated by reference, the terms of this contract shall govern. If there is any conflict among the Exhibits, the following order of precedence shall determine the prevailing provision: Exhibit A –the Solicitation, and Exhibit B – the Contractor’s bid or proposal.

(b) Changes. This Contract may be amended only with the written consent of both parties.

Amendments may not change significantly the scope of the Contract (including the Contract price).

2. Term of Contract. The term of this Contract shall be for the period of six (6) weeks from the final date of signature on this fully executed contract. This Contract may be extended on a weekly basis for a period not to exceed four (6) additional weeks. Total hours worked shall not exceed 480 hours.

3. Compensation and Method of Payment.

(a) Compensation. The total compensation for services to be rendered by the Contractor shall not exceed $LEAVE BLANK.

(b) Method of Payment. The Department shall pay the Contractor no later than thirty (30) days after the Department receives a proper invoice from the Contractor. Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle 1, State Finance and Procurement Article, Maryland Code, are prohibited.

(c) Tax Identification Number. The Contractor’s Federal Tax Identification Number is LEAVE BLANK. Contractor’s Federal Tax Identification Number shall appear on all invoices submitted by the Contractor to the Department for payment.

(d) Invoicing. The Contractor shall submit a detailed invoice to the Cemetery Superintendent of services provided. Invoices shall be presented by the tenth (10th) day following the completion of services. Invoices shall contain the following information: Invoice number, Contract Name/Number and Purchase Order Number, Contractor’s name, mail address, email address, fax and telephone numbers, SERVICES PROVIDED, AND DATE(S) and Federal Tax Identification or Social Security number.

The Cemetery Superintendent shall review (and approve if applicable) the Invoice for accuracy and acceptance of stated work as complete, and fees charged, in compliance with Contracted rates.

The Cemetery Superintendent shall send the approved invoice to |accounts-payable.mdva@maryland.gov.

4. Procurement Officer. The Department designates Tom Johnson to serve as Procurement Officer for this Contract. All contact between the Department and the Contractor regarding all matters relative to this Contract shall be coordinated through the Procurement Officer.

5. The Contractor shall comply with the provisions of State Finance and Procurement Article, Title 19, Annotated Code of Maryland.

6. Disputes. Disputes arising under this Contract shall be governed by State Finance and Procurement Article, Title 15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR

21.10 Administrative and Civil Remedies. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer.

7. Termination for Convenience. The State may terminate this Contract, in whole or in part, without showing cause upon prior written notification to the Contractor specifying the extent and the effective date of the termination. The State will pay all reasonable costs associated with this Contract that the Contractor has 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 any anticipatory profits which have not been earned up to the date of termination.

Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12(A)(2).

8. Termination for Default. If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the Department may terminate the Contract by giving the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B.

9. Termination for Non-appropriation. If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated 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.

10. Non-Discrimination in Employment. The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law, including, but not limited to, the employment provisions of §13-219 of the State Finance and Procurement Article, Maryland Code and Code of Maryland Regulations 21.07.01.08, and the commercial nondiscrimination provisions of Title 19, Subtitle 1, State Finance and Procurement Article, Maryland Code.

11. Maryland Law Prevails. The laws of Maryland shall govern the interpretation and enforcement of this Contract. The Maryland Uniform Computer Information Transactions Act (Commercial Law Article, Title 22 of the Annotated Code of Maryland) does not apply to this Contract, or any software license acquired hereunder.

12. Anti-Bribery. The Contractor certifies that, to the Contractor’s best knowledge, neither the Contractor; nor (if the Contractor is a corporation or partnership) any of its officers, Cemetery Superintendents, partners, or controlling stockholders; nor any employee of the Contractor who is directly involved in the business’s contracting activities, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States.

IN WITNESS THEREOF, the Parties have executed this Contract as of the date herein set forth below.

CONTRACTOR STATE OF MARYLAND

DEPARTMENT OF VETERANS AFFAIRS

DO NOT SIGN AT THIS TIME

By: By:

DO NOT SIGN AT THIS TIME

(Printed Name and Title) (Printed Name and Title)

Date Date

EXHIBIT 1: MBE, VSBE, and (if applicable) SBR Research Factors

Solicitation Title: MDVA-CEM-ES24-TCM– Small Procurement eMMA Solicitation No. BMP0

This exhibit serves as a summary of the factors the State used, in conjunction with guidance from the Governor’s Office of Small, Minority, and Women’s Business Affairs, to determine:

1. The expected degree of Minority Business Enterprise (MBE) participation for the procurement contract, including subcontracting opportunities identified for the project, any applicable North American Industry Classification System (NAICS) codes linked to the subcontracting opportunities, and the number of certified MBEs in those industries;

2. The expected degree of Veteran-owned Small Business Enterprise (VSBE) participation for the procurement contract, including subcontracting opportunities identified for the project, any applicable United Nations Standard Products and Services Codes (UNSPSC) [identified in eMaryland Marketplace Advantage (eMMA) as Categories] linked to the subcontracting opportunities, and the number of certified VSBEs in those industries; and

3. If this procurement is for a Statewide Master Contract where secondary competition may occur, the expected degree of Small Business Reserve (SBR) participation for the secondary competition agreement (such as a task order agreement or purchase order agreement) to be designated as an SBR, including opportunities identified for the secondary competition agreement, any applicable UNSPSCs linked to the subcontracting opportunities, and the number of certified SBRs in those industries.

Disclaimer: This summary’s research results are not all inclusive and do not exclude any other subcontracting opportunities that the Bidder/Offeror may identify in preparing a Bid/Proposal to submit in response to the solicitation.

Exhibit 1 for Maryland Department of Veterans Affairs

MBE Research by NAICS Code NAICS Codes Description # MBEs in MDOT

Directory NA- Small Procurement

MBE Research by Keywords Keywords # MBEs in MDOT

Directory

VSBE Research by UNSPSC/eMMA Category Code eMMA Category Codes

Description #VSBEs in eMMA

80111601 Temporary Clerical or administrative assistance 8

NOTE: In this procurement, small businesses are strongly encouraged to submit a bid/proposal as a Prime Contractor to compete as an SBR at the secondary competition level. SBR certification is required to receive an SBR-designated secondary competition agreement award.

SBR Research by UNSPSC/eMMA Category Code eMMA Category Codes

Description # SBRs in eMMA

80111601 Temporary Clerical or administrative assistance 36