MDVA-CEM RG24-Dump Trailer.pdf

MDVA-CEM-RG24-DUMP TRAILER ID10112023

MARYLAND DEPARTMENT OF VETERANS AFFAIRS

SMALL PROCUREMENT SOLICITATION

KEY INFORMATION SUMMARY SHEET

Invitation for Bids: Maryland Department of Veterans Affairs 16 Francis Street, 4th Floor Annapolis, MD 21401 Equipter RB 3000 (or Equal) Dump Trailer

Solicitation Number: MDVA-CEM-RG24-DUMP TRAILER

Solicitation Issue Date: October 11, 2023

Issuing Office: Maryland Department of Veterans Affairs 16 Francis Street, 4th Floor Annapolis, MD 21401 Phone: (410) 260-3838

Procurement Officer: Tom Johnson Maryland Department of Veterans Affairs 16 Francis Street, 4th Floor Annapolis, MD 21401 Phone: (410) 260-3835 E-mail: tom.johnson@maryland.gov

Contract Monitor: Russell Ware Director, Cemetery and Memorial Programs 1122 Sunrise Beach Road, Crownsville, MD 21032 Phone: (410) 923-6981 Email: russell.ware@maryland.gov

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

Questions Due By: October 25, 2023, no later than 12:00 p.m., EDT Local Time

Closing Date and Time: November 1, 2023, no later than 12:00 p.m., EDT Local Time

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO RESPOND TO THIS

SOLICITATION.

mailto:tom.johnson@maryland.gov mailto:russell.ware@maryland.gov

I. SUMMARY STATEMENT

The State of Maryland and the Maryland Department of Veterans Affairs (MDVA) are honored to offer our veterans and their eligible dependents a final resting place at one of five State veterans cemeteries located throughout Maryland. The MDVA Cemetery Program is the largest of its kind in the Nation.

The U.S. Department of Veterans Affairs (VA) operates 155 national cemeteries and 34 soldiers' lots and monument sites in 42 states and Puerto Rico. More than four (4) million Americans, including Veterans of every war and conflict, are buried in the VA's national cemeteries. The VA also provides funding to establish, expand, improve, and maintain 119 State Veterans cemeteries in 48 states and territories including tribal trust lands, Guam, and Saipan. The VA’s National Cemetery Administration (NCA) ensures that national cemeteries serve as dignified and respectful settings. Each Cemetery is to be an expression of appreciation and respect of a grateful nation for the service and sacrifice of its veterans. Furthermore, each National Cemetery is to be maintained as a National Shrine. A National Shrine is defined by the VA “as a place of honor, and memory that declares to the visitor or family member who views it that within its majestic setting, every veteran may find a sense of serenity, of historic sacrifice, and nobility of purpose.”

The MDVA Cemetery and Memorial Program seeks to procure one (1) Motorized Equipter RB3000 (or Equal) Dump Trailer, for Rocky Gap Veterans Cemetery. Rocky Gap Veteran Cemetery is a 27-acre site located within the Rocky Gap State Park, just off Interstate 68 in Allegany County. The Rocky Gap Veterans Cemetery is approximately five (5) miles east of Cumberland. Over 4,100 veterans and their eligible dependents are interred at the cemetery.

Maintaining the grounds of the Maryland State Veterans cemeteries requires uniquely designed equipment with precision steering to maneuver between headstones, grave sites, and cemetery structures, and operate with negligible impact on the turf. MDVA’s Cemetery and Memorial Program seeks to procure one (1) Equipter RB3000 (or Equal) motorized dump trailer.

II. PROCUREMENT METHOD/ CONTRACT TYPE / BASIS FOR AWARD

This solicitation shall be conducted in accordance with COMAR 21.05.07 – Small Procurement Regulations ($50,000 or less).

The Contract resulting from this solicitation shall be a firm fixed price contract with firm fixed unit prices as defined in COMAR 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:

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:

3.1.1 The bidder must be an authorized manufacturer or retailer for the commodity in the specifications and must be able to provide applicable manufacturer’s warranty, training, and accessories for equipment specified in this solicitation.

3.1.2 The bidder shall have at least three (3) years’ experience, under the Bidder’s current business name, in providing similar products and or services as specified in this solicitation.

3.1.3 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 certificates required to provide the specified goods.

2. Three (3) or more references from the past five (5) years that collectively attest to the Bidder’s required years of experience in providing the products and services as stated in the Solicitation.

3. The Department reserves the right to request 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 and 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 Virtual Pre-Bid will not be held.

5.1.1 All questions pertaining to this solicitation shall be submitted on 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.

5.1.2 Answers to all questions that are not clearly 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).

6.1.2 Vendor shall submit a bid based on the description of the equipment 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, and Acknowledgements of Receipts of Addendum or Amendments to the Solicitation, if issued.

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.

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

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.

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

Amendments may not significantly change 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, directors, 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. SPECIFICATIONS

1. GENERAL INFORMATION:

The Maryland Department of Veterans Affairs is accepting quotes for one (1) Equipter RB3000 ( or equal) motorized dump trailer for the Rocky Gap State Veterans Cemetery.

2. GENERAL REQUIREMENTS:

The Equipter RB3000 (or Equal) dump trailers will be utilized to store and or move dirt/spoils removed from prepared gravesites, and to backfill graves after burials. After the casket/liner is lowered into the grave the trailer will be moved into position to unload the dirt/spoils into the gravesite accurately. The trailer must be able to make precision turns and carry a driver in a cab or on a standing platform. The trailer must be capable of being transported to the gravesite from the maintenance yard either by self-propulsion or tow. Once on site, the Equipter RB3000 (or Equal) shall be able to propel itself between headstones and other appurtenances.

Equipter RB3000 (or Equal) shall be able to direct the release of dirt/spoils into the prepared gravesite to limit spillage. Tires shall be sized to distribute load appropriately while not damaging turf, flat granite markers, permanent in-ground flower vases, or other appurtenances on cemetery grounds.

3. EQUIPMENT SPECIFICATIONS:

a. Engine:

(1) Drive engine to be a 13hp or greater electric start and pull start

(2) Gas Powered

b. Drive:

(1) Self-propelled

(2) Tow

c. Dimensions:

(1) Width no more than 6.5 feet

(2) Height no more than 6 feet

(3) Length no more than 13.5 feet

d. Weights:

(1) GVWR no more than 7600lbs

(2) Trailer Tare Weight no more than 2800lbs

(3) Tongue Weight no more than 500lbs

e. Tires:

(1) Rim Diameter – 16”

(2) Tire Diameter – 35”

(3) Tire Width – 12”

f. Capacities:

(1) Carry capacity up to 4800 lbs

(2) The dump container must hold 3.7 Cu. Yards or greater

g. Construction:

(1) Steel Frame

(2) Rust-proof aluminum container

h. Tailgate Type:

Hinged at the bottom

i. Stabilizers:

(1) Independently Operated

(2) Rear Mounted

j. Drive System:

Hydrostatic

k. Drive Axle:

Automatic Disengage

l. Dump Angle:

56 Degrees

m. Dump:

Hydraulic Dump

n. Capabilities:

(1) Self-propelled to conduct precision turns, with a front-mounted riding platform

(2) Bottom-mounted dump gate that can angle the contents into a specified dump location

(3) Hydraulic leveling stabilizers with a leveling indicator that operates independently

(4) Wide tires to limit the damage of grass around the gravesite

(5) Adjustable hitch

o. Warranty Requirements Standard (2) year warranty

4. PREDELIVERY:

(1) The dump trailers shall be delivered in inspected, operational condition, with all fluids filled, including fuel

(2) Batteries shall be fully serviced and charged

(3) Two sets of keys shall be provided for each dump trailer (if applicable)

(4) Each dump trailer shall be delivered with an operational manual, warranty guide, and consumer information guide

(5) MDVA’s Maryland State Cemetery Program shall be placed on electronic and

USPS mailing lists to receive dealer service bulletins and recall notices.

5. DELIVERY:

The vendor shall deliver one (1) dump trailer to the following location:

Rocky Gap Veterans Cemetery 14205 Pleasant Valley Rd NE Flintstone, MD 21530 POC: Michael Gregory (301)777-2185

6. ACCEPTANCE:

Upon delivery, the dump trailers shall meet the specifications as stated above and within this IFB. Should the dump trailers fail to meet the specifications, the vendor will have fifteen (15) days to correct the deficiency and or re-deliver new dump trailers to the five

(5) locations referenced above.

XI. OVERSIGHT AND ACCEPTANCE OF DELIVERABLES

All products under this solicitation shall be subject to the direction, acceptance, and approval of the Cemetery’s Superintendent:

XII. CEMETERY HOURS OF OPERATION

1. The hours of operation at the Cemetery are 8:00 a.m. to 5:00 p.m. Monday through Friday. Hours of operation for Saturday, Sunday, and State holidays are 8:00 a.m. to 5:00 p.m. for visitation only.

2. Deliveries shall be scheduled in advance by contacting the Cemetery Superintendent, Lee Barksdale (or designated staff), and shall be carried out in a manner that does not disrupt funeral services conducted at the Cemetery.

3. To ensure continuity and pass-down of information, Contractor shall meet with the Cemetery Superintendent or designated Cemetery staff upon arrival at the Cemetery.

XIII. 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.

XIV. PAYMENT

A. METHOD OF PAYMENT

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

B. INVOICING

2. 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.

3. 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.

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

5. 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 mailto:accounts-payable.mdva@maryland.gov 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.

XV. DURATION OF THE CONTRACT/PROJECT

The anticipated duration/term of the contract shall be six (6) months from the final date of contract execution.

XVI. ATTACHMENTS

• Attachment Number One: Contract Bid Form

• Attachment Number Two: References

• Attachment Number Three (Exhibit One) - MBE/VSBE Research Factors

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

Affairs SAMPLE Small Procurement Contract

ATTACHMENT ONE - CONTRACT BID FORM – MDVA-CEM-RG24-DUMP TRAILER

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 base bid shall include the total fully loaded cost to deliver one (1) Equipter RB 3000 (or Equal) Dump Trailer as described in these specifications. The prices shall cover the performance of all requirements including equipment, shipping & handling, wages, overhead, and profit for the entire term of the contract.

CONTRACTOR BID:

RB 3000 (or Equal) Dump Trailer: Unit Cost $___________ X ONE (1) = Total Cost $______________

Total Evaluated Price (CONTRACTOR TOTAL): Total Cost $

CONTRACTOR SIGNATURE: DATE:

ATTACHMENT TWO - REFERENCES: MDVA-CEM-RG24-DUMP TRAILER

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

� Equipter Manufacturer � Equipter Retailer � 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)

#3. Company Name: Contact Person:

Type of Contract: (Please Check Box)

EXHIBIT NUMBER TWO MDVA-CEM-RG24-DUMP TRAILER

STATE OF MARYLAND

DEPARTMENT OF VETERANS AFFAIRS

SMALL PROCUREMENT CONTRACT

THIS CONTRACT (the “Contract”), is made as of the day of________, 2023, 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 delivery services:

One (1) Equipter RB 3000 (or equal) Dump Trailer for the Rocky Gap State Veterans Cemetery as specified in Exhibit A - Solicitation MDVA-CEM-RG24-DUMP TRAILER.

The Solicitation dated October 11, 2023, 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 beginning at the final date of Contract execution by MDVA, for six (6) months from the date of the fully executed contract.

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, directors, 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