Printing Services for External Publications RFP No. SMC-25-43864 eMMA.pdf

SOLICITATION, OFFER,

AND AWARD

St. Mary’s College of Maryland

1. SOLICITATION NO.

SMC-25-43864

2. TYPE OF

SOLICITATION

SEALED BIDS (IFB)

X NEGOTIATED (RFP)

3. DATE ISSUED

April 23, 2024

OF

PAGES 51

IMPORTANT – The “offer” section on page 2 of this document must be fully completed by offeror.

4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO. 6A. CONTRACT AWARD

DATE:

6B. TITLE

Printing Services for External

Publications

7. ISSUED BY

St. Mary's College of Maryland 18952 E. Fisher Road St. Mary’s City, MD 20686-3001

8. ADDRESS OFFER TO

St. Mary's College of Maryland All Bid Packages must be submitted via:

eMaryland Marketplace Advantage (eMMA), emma.maryland.gov fA. NAME:

Darry Green Procurement Officer

B. TELEPHONE NUMBER

240-895-4307

C. FAX NUMBER

240-895-4916

D. EMAIL ADDRESS

dlgreen@smcm.edu

SOLICITATION

9. Offers/Bids for furnishing the supplies or services in Section B Supplies or Services and Price/Cost are to be posted on emma.maryland.gov no later 5:00 P.M., local time May 15, 2024

10. TABLE OF CONTENTS

(x) SEC. DESCRIPTION PAGE(S) (x) SEC. DESCRIPTION PAGE(S)

PART 1 - THE SCHEDULE PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS x A SOLICITATION/CONTRACT FORM 2 x G LIST OF ATTACHMENTS 1 x B SUPPLIES OR SERVICES AND PRICES/COSTS 3 PART IV – REPRESENTATIONS AND INSTRUCTIONS x C DESCRIPTION/SPECS./WORK STATEMENT 3 x H BID/OFFEROR AFFIDAVITS 10 x D CONTRACT ADMINISTRATION DATE 6 x E SPECIAL CONTRACT REQUIREMENTS 4 x I

INSTRUCTIONS, CONDITIONS, AND NOTICES TO

BIDDERS/OFFERORS 8

PART II – CONTRACT CLAUSES

x F

CONTRACT CLAUSES

11 x J EVALUATION FACTORS FOR AWARD 3

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

RFI Questions are due by May 3, 2024 – must be received by email to the Procurement Officer by this date

OFFER/BID

(Must be fully completed by Offeror)

11. In compliance with the above, the undersigned agrees, if this offer is accepted within _____ calendar days (90 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

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 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

12. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS

20 CALENDAR DAYS

30 CALENDAR DAYS

CALENDAR DAYS

13. ACKNOWLEDGMENT OF

AMENDMENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated:

AMENDMENT NO. DATE AMENDMENT NO. DATE

14. NAME AND ADDRESS OF OFFEROR: 15. TELEPHONE, FACSIMILE NO. AND EMAIL ADDRESS:

Tel No. _____________________________________________________

Email Address:________________________________________________

16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN

OFFER (Type or print)

16A. SIGNATURE 16B. DATE

17. NAME OF WITNESS (Type or print) 17A. SIGNATURE 17B. DATE

18. TAXPAYER IDENTIFICATION NUMBER: 19. STATE OF ORIGINATION (If required):

20. NAME AND ADDRESS OF RESIDENT AGENT IN

MARYLAND (If required):

Corporate Seal (If required)

AWARD (To be completed by the College)

Your offer on this solicitation is hereby accepted as to the terms listed. This award consummates the contract, which consists of (a) College solicitation including all attachments and your offer/bid, and (b) this contract award. No further contractual document is necessary.

21. ACCEPTED AS TO ITEMS NUMBERED 22. AMOUNT 23. ACCOUNTING INFO:

24. NAME OF CONTRACTING OFFICER (Type or print) 25. SIGNATURE OF CONTRACTING OFFICER

Date:______________________________

COUNTERSIGNATURE IF REQUIRED

26. NAME AND TITLE OF COUNTERSIGNER (Type or Print) 27. SIGNATURE OF COUNTERSIGNER

SECTION B

RFP: Printing Services SUPPLIES OR SERVICES AND PRICE/COST Page B-1

SECTION B

SUPPLIES OR SERVICES AND PRICE/COST

TABLE OF CONTENTS

CLAUSE PAGE

NUMBER CLAUSE NAME NO.

B.1 GENERAL DESCRIPTON B-2

B.2 SCHEDULE B-2

RFP: Printing Services SUPPLIES OR SERVICES AND PRICE/COST Page B-2

B.1 GENERAL DESCRIPTON

The Contractor shall furnish all necessary personnel, material, equipment, supplies, services and labor to provide printing services for various publications issued by St. Mary’s College of Maryland.

B.2 SCHEDULE

Base Period: July 1, 2024 through June 30, 2027

Item No.

Description

Quantity

Printings per

Year

Unit Price

Total Price

Mulberry Tree Magazine

18,500

3 ea.

College Events EDDM postcard

130,000

Admissions Viewbook

26,000

1 ea.

Option Periods

Option Period 1: July 1, 2027 through June 30, 2028 per

Year

19,000

RFP: Printing Services SUPPLIES OR SERVICES AND PRICE/COST Page B-3

Option Period 2: July 1, 2028 through June 30, 2029 per

Year

19,500

Option Period 3: July 1, 2029 through June 30, 2030 per

Year

20,000

Total: Items 01 through 12: ___________________

NOTE: Quantities and items may vary from year to year.

SECTION C

RFP: Printing Services DESCRIPTION/SPECIFICATIONS/WORK STATEMENT Page C-1

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

TABLE OF CONTENTS

CLAUSE PAGE

NUMBER CLAUSE NAME NO.

C.1 INTRODUCTION C-2

C.2 BACKGROUND C-2

C.3 SCOPE AND DESCRIPTION OF WORK C-2

C.4 CONTRACTOR RESPONSIBILITIES C-3

C.5 CHANGES C-3

C.6 DELAYS C-3

RFP: Printing Services DESCRIPTION/SPECIFICATIONS/WORK STATEMENT Page C-2

C.1 INTRODUCTION

The St. Mary’s College of Maryland (“the College”) is requesting proposals from firms to provide Printing Services for External Publications. The College anticipates multiple awards to be made as a result of this procurement to up to five printing services firms selected. However, the College has the sole right to award fewer or more contracts. The selected firms will each receive an IDIQ type master contract to provide publication printing services under Task Orders to be awarded on a per job order bid basis.

The resulting master contracts may also be utilized by any other USM institution or State, local agencies or institutions. In the event another institution utilizes the contract(s), the Contractor will work directly with that respective institutions’ procurement office. The College will not be involved in or with any other institution’s task order request process and/or management of any task orders.

C.2 BACKGROUND

St. Mary’s College of Maryland, designated as the National Public Honors College, and is an independent public institution in the liberal arts tradition. The College promotes scholarship and creativity by challenging our students to achieve academic excellence through classroom activities, experiential learning, and close relationships with the faculty. To this end the College produces publication materials throughout the course of the calendar year to educate and inform students, faculty, alumni and the general public of the missions and needs of the college. The College is therefore seeking a contractor who shall be responsible for the printing of certain publications for both in-house and public consumption.

The Contractor shall work in partnership with the College to ensure the economical and timely production of high-quality work that meets the goals of the College, is standardized to reflect the College’s mission and is both creative and professional in appearance.

C.3 SCOPE AND DESCRIPTION OF WORK

Contractor shall provide all necessary equipment, supplies, materials, facilities and labor for the printing of major external publications for St. Mary’s College of Maryland. Printing requirements shall include, but not be limited to items such as College magazine, Admission and Advancement Office requirements.

Contractor shall be responsible for the management and coordination of all phases of printing and the delivery of the finished product. Specifications for examples of recurring publications are shown in Attachment No. 1. Note: These are examples only. Ordered products may vary. The College’s publications are published according to cycles determined by academic, admissions and athletic calendars. In the event of College budget cuts, ordered products may be reduced or eliminated.

All electronic media involved with this contract shall become the property of the College and shall be surrendered to the College with deliverables at the completion of each task order.

The College will control textual and design content of all publications.

RFP: Printing Services DESCRIPTION/SPECIFICATIONS/WORK STATEMENT Page C-3

C.4 CONTRACTOR RESPONSBILITIES

Contractor shall receive publications in digital format. Contractor shall be responsible for the development and delivery of the printed materials, including mail house services when part of the job specifications, and final digital files of the printed materials. The digital files shall be identical to the final printed material and be provided, upon the completion of a job, via web download.

Whenever required by the Contract Project Manager (CPM), the Contractor shall present final color proof prints (or their technical equivalent) to the CPM before work is printed. The College has the right to inspect and make final changes on said proof at this time.

Contractor shall be responsible for meeting all schedules and deadlines developed by the College, and shall work with the CPM to determine specific requirements and budget limitations for each publication.

Contractor shall provide time schedules for all projects, and shall maintain said schedules through the completion of the final product. College shall have final authority for the approval of time schedules. In addition, Contractor shall be responsible for the following:

• Modification of existing artwork, illustrations/photographs as necessary;

• Provide typesetting, color separations and other production needs;

• Provide color print proof or single copy and artwork for final College approval;

• Execute timely production of desired number of copies.

C.5 CHANGES

The College recognizes that any changes and alterations to copy, layout, etc., may affect the production budget and scheduled. All changes shall be documented by the Contractor which shall identify the date of change, status of the project (i.e., stats, boards, plates, etc.), and change to the production schedule due to the change, and any adjustment to the final cost. This document shall be submitted to the CPM. No changes shall be implemented by the Contractor without the expressed written authorization of the College.

C.6 DELAYS

If for any reason, in those instances where the production plant of an awardee of this contract is more than fifty (50) miles from St. Mary’s College of Maryland, a College representative is delayed by the Contractor or any sub-contractor, beyond the scheduled time period allotted for a “press check” or other instance that requires the CPM to travel to the Contractors location; Contractor shall reimburse the College for hotel, meals and any additional travel expenses for the period of time required beyond the initial scheduled period. Expenses will be deducted from the Contractors invoice for the project.

Expenses will be at the rates authorized in the College’s Travel Policies. Receipts will be provided to the Contractor.

SECTION D

RFP: Printing Services CONTRACT ADMINISTRATION DATA Page D-1

CONTRACT ADMINISTRATION DATA

NUMBER CLAUSE NAME NO.

D.1 PERIOD OF PERFORMANCE D-2

D.2 IDENTIFICATION OF CONTRACT DELIVERABLES D-2

D.3 NOTICES D-2

D.4 TAX EXEMPTION D-2

D.5 PROCUREMENT OFFICER D-3

D.6 CHANGES D-3

D.7 MODIFICATIONS D-3

D.8 CONTRACTOR’S INVOICES D-3

D.9 PAYMENT OF STATE OBLIGATIONS D-3

D.10 OPTION FOR INCREASED QUANTITY -

SEPARATELY PRICED LINE ITEM D-4

D.11 ORDERING D-4

D.12 ORDER LIMITATIONS D-4

D.13 COMPETITION FOR INDIVIDUAL TASK ORDERS D-5

D.14 REQUIREMENTS FOR TASK ORDER PROPOSALS D-5

D.15 SELECTION CRITERI FOR INDIVIDUAL TASK ORDERS D-6

RFP: Printing Services CONTRACT ADMINISTRATION DATA Page D-2

D.1 PERIOD OF PERFORMANCE

Performance under this contract commences on July 1, 2024 for the base period of three years with three

(3) one-year option periods. Options periods will be exercised automatically unless the College gives the Contractor thirty (30) calendar days written notification of intent not to exercise an option period.

Period of Performance:

Base Period: July 1, 2024 through June 30, 2027 Option Period 1: July 1, 2027 through June 30, 2028 Option Period 2: July 1, 2028 through June 30, 2029 Option Period 3: July 1, 2029 through June 30, 2030

D.2 IDENTIFICATION OF CONTRACT DELIVERABLES

Unless otherwise specified, all documents prepared and submitted by the Contractor for the College under this contract shall include the following information on the cover page of each document:

(a) Name and business address of the contractor;

(b) Contract Number

(c) Point of Contact

(d) Date of transmittal

D.3 NOTICES

All notices to the College shall be sent by first class mail to:

Mr. Darry Green Procurement Officer

St. Mary's College of Maryland 18952 E. Fisher Road

St. Mary’s City, MD 20686

All notices for the Contractor will be sent to the Address and contact information provided on the signed Solicitation and Offer pages unless otherwise requested by Contractor.

Notice as required under this Agreement shall be sent via first class mail.

D.4 TAX EXEMPTION

The College is generally exempt from federal Excise Taxes, Maryland Sales and Use Taxes, District of Columbia Sales Taxes and Transportation Taxes. Exemption certificates shall be completed upon request. Where the contractor is required to furnish and install materials in the construction or

RFP: Printing Services CONTRACT ADMINISTRATION DATA Page D-3 improvement of real property in performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply. Tax exemption numbers for St. Mary’s College of Maryland are:

Maryland State Tax Exempt No. 3000126-8 District of Columbia Tax Exempt No. 9199-79411-01

D.5 PROCUREMENT OFFICER

Upon award of a contract the College shall designate someone to serve as Procurement Officer for this Agreement. All contact between the College and Contractor regarding all matters relative to this Agreement after award shall be coordinated through the Procurement Officer.

D.6 CHANGES

The College retains the unilateral right to require changes in the scope of services so long as the changes are within the general scope of work to be performed hereunder.

D.7 MODIFICATIONS

Except as provided in D.6 “Changes,” this Agreement may be amended only as the College and Contractor mutually agree in writing. Except for the specific provision of the Agreement which is modified, the Agreement remains in full force and effect after modification, and is subject to the same laws, obligations, conditions, provisions, rules, and regulations, as it was before the modification.

D.8 CONTRACTOR’S INVOICES

To facilitate payment invoices shall be forwarded to the College in triplicate and shall contain the following information, Contract Number, Purchase Order Number and Contractors Federal ID and any other information specified by the Procurement Officer. Each contract line item number (CLIN) will have assigned to it a Purchase Order Number. Invoices MUST show the correct Purchase Order number for the item(s) being billed. Failure to provide proper purchase order number will cause delays in the payment process and is cause for rejection of invoice. Invoices shall be sent to:

Accounts Payable St. Mary's College of Maryland

47645 College Drive St. Mary's City, MD 20686-3001 Phone: (240) 895-4238 or 4308

Fax No. (240) 895-4916

All payment under this Contract shall be made via Electronic Fund Transfers (EFT).

D.9 PAYMENT OF STATE OBLIGATIONS

Unless a payment is unauthorized, deferred, delayed, or set-off under COMAR 21.02.07, 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.

The Contractor may be eligible to receive late payment interest at the rate of 9% per annum if:

RFP: Printing Services CONTRACT ADMINISTRATION DATA Page D-4

(1) The Contractor submits an invoice for the late payment interest within thirty days after the date of the State’s payment of the amount on which the interest accrued: and

(2) A contract claim has not been filed under State Finance and Procurement Article, Title 15, Subtitle 2, Annotated Code of Maryland.

The State is not liable for interest:

(1) Accruing more than one year after the 31st. day after the agency receives the proper invoice; or

(2) On any amount representing unpaid interest. Charges for late payment of invoices are authorized only 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.

D.10 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE ITEM

The College may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Procurement Officer may exercise the option by written notice to the Contractor within the term of the contract. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

D.11 ORDERING

.1 Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery or task orders. Such orders may be issued from July 1, 2024 through June 30, 2030, or the last day of any Option period.

.2 All delivery orders or task orders are subject to the terms and conditions of this contract.

In the event of conflict between a delivery order or task order and this contract, the contract shall control.

.3 If e-mailed, a delivery order or task order is considered “issued” when the College transmits the order in the e-mail. Orders may be issued orally, by facsimile, or by electronic commerce methods.

D.12 ORDER LIMITATIONS

.1 The estimated annual dollar volume for work to be performed under the contract for the College is approximately $300,000. All Contractor awardee firms are advised that this amount is only an estimate, and all awardees further understand and agree that by providing such estimate, the College makes no guarantee that any or that all of the estimated work will be assigned to the awardee firms. (s) .2 The College anticipates that the majority of the task orders size under this contract will range from approximately $100 to $50,000 or greater however, the College may elect to utilize this contract for larger printing projects if deemed in its best interest. Such dollar volumes are estimated only, and all awardees understand and agree that in providing such estimates, the College makes no guarantee that any or all of the estimated work will be assigned to the selected contract awardee firm

RFP: Printing Services CONTRACT ADMINISTRATION DATA Page D-5

D.13 COMPETITION FOR INDIVIDUAL TASK ORDERS

.1 Competitions for issuance to Task Orders is limited to those awardees under this contract.

Upon determining the need to issue a Task Order, all awardees will be considered equally against the stated criteria.

.2 Task Orders will be awarded as a result of competition to the Contractor who offers the best value to the College considering the criteria specified. The Procurement Officer’s decision for award of an Order is not protestable unless the protest is on the grounds that the order is outside the scope of the contract.

.3 Each Contractor shall be given a fair opportunity to be considered for award of an Order.

The Procurement Officer reserves the right to make award of an order without competition based upon a determination that the College’s interest are best served by:

.1 awarding a follow-on effort to a previous Task Order to the incumbent contractor;

.2 using past performance as sole factor in determining award of a Task Order;

.3 placing an order with a Contractor without competition because the services are of a unique nature and only one Contractor is capable or has the current fulfilment capacity of providing the level of quality to satisfy the College’s requirements; or .4 placing an order with a Contractor without competition when an unusual and compelling urgency exists that would be harmful to the college if an order was not issued promptly.

````````````````````.5 the College reserves the right to negotiate with the selected Contractor for any Task Order that may be awarded with or without competition. All competitive quote pricing will be treated as confidential by the College.

D.14 REQUIREMENTS FOR TASK ORDER PROPOSALS

.1 Units, unit pricing, quantities, material, equipment and labor shall be clearly identified to include total order pricing and any over-run or under-run variance estimates.

.2 The College is not obligated to obtain written proposals or hold discussions prior to award of an order. If the College determines that proposals are necessary, proposals may be submitted in writing or oral form at the discretion of the Procurement Officer or as ordering authority is delegated to the CPM. Should all proposals contain deficiencies that would preclude awarding the order, exchanges will be held to resolve the deficiencies and contractors will be provided an opportunity to submit final proposal revisions.

.3 A written cost proposal will be requested at the Procurement Officer’s or CPM’s discretion, however cost reasonableness shall be taken into consideration prior to award of a Task Order.

Cost associated with preparation, presentation, and/or discussion of a Contractor’s Task Order proposal shall not be an allowable direct cost against this contract.

.4 Technical Proposals, if required, may address one or more of the following factors:

RFP: Printing Services CONTRACT ADMINISTRATION DATA Page D-6

• The Contractor’s technical understanding of the work;

• The most efficient and effective plan to accomplish the work.

D.15 SELECTION CRITERIA FOR INDIVIDUAL TASK ORDERS

One or more of the following criteria may be considered when contractors compete for award of a Task Order:

• Past Performance;

• Quality of Deliverables;

• Ability to Meet Schedule Requirements;

• Cost Control and/or Cost and Price.

SECTION E

RFP: Printing Services SPECIAL CONTRACT REQUIREMENTS Page E-1

SPECIAL CONTRACT REQUIREMENTS

NUMBER CLAUSE NAME NO.

E.1 MINORITY BUSINESS PARTICIPATION E-2

E.2 ELECTRONIC TRANSACTIONS E-2

E.3 DELIVERY AND ACCEPTANCE E-2

E.4 WARRANTY OF COMMERCIAL ITEMS E-2

E.5 INTELLECTUAL PROPERTY E-2

E.6 DELAYS AND EXTENSIONS OF TIME E-2

E.7 CORRECTIONOF ERRORS, DEFECTS AND OMMISSIONS E-3

E.8 SUSPENSION OF WORK E-3

E.9 MULTI-YEAR CONTRACT CONTINGET

UPON APPROPRIATIONS E-3

E.10 INDEFINITE DELIVERY INDEFINITE QUANTITY E-3

RFP: Printing Services SPECIAL CONTRACT REQUIREMENTS Page E-2

E.1 MINORITY BUSINESS PARTICIPATION

There is no MBE subcontractor participation goal for this procurement.

E.2 ELECTRONIC TRANSACTIONS

Electronic transactions are not permitted in connection with this Agreement unless authorized by the Contracting Officer.

E.3 DELIVERY AND ACCEPTANCE

Delivery shall be made in accordance with the solicitation specifications. The College, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor’s control. The College unilaterally may order in writing the suspension, delay, or interruption of performance hereunder. The College reserves the right to test any materials, equipment, supplies or services delivered to determine if the specifications have been met.

All materials requested or provided in the Task Order bid quote or proposal or award shall be delivered FOB Destination unless otherwise specified prior to or on the date specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected.

Rejected materials shall be promptly replaced. The College reserves the right to cover a defective order or purchase replacement materials in the open market. Contractors failing to promptly replace materials rejected may be held responsible for any excess price paid for the replacement, plus applicable expenses, if any.

E.4 WARRANTY OF COMMERCIAL ITEMS

The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

E.5 INTELLECTUAL PROPERTY

Contractor agrees to indemnify and save harmless the College, its officers, agents and employees with respect to any claim, action, cost or judgment for patent infringement, or trademark or copyright violation arising out of purchase or use of materials, supplies, equipment or services covered by this Contract.

The College hereby grants authorization to the Contractor a non-exclusive license to use the College’s Licensed collateral, including materials, logos, colors and trademark provided during the Term, to be used solely in connection with all contractual activities performed under this contract.

E.6 DELAYS AND EXTENSIONS OF TIME

The Contractor agrees to prosecute the work continuously and diligently and no charges or claims for damages shall be made by it for any delays or hindrances from any cause whatsoever during the progress of any portion of work specified in this Contract. Time extensions will be granted only for excusable delays that arise from unforeseeable causes beyond the control and without the fault or negligence of the

RFP: Printing Services SPECIAL CONTRACT REQUIREMENTS Page E-3

Contractor, including, but not restricted to, acts of God, acts of the public enemy, acts of the State in either its sovereign or contractual capacity, acts of another Contractor in the performance of a contract with the State, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of either the Contractor or the subcontractors or suppliers.

E.7 CORRECTION OF ERRORS, DEFECTS AND OMISSIONS

The Contractor agrees to perform work as may be necessary to correct errors, defects and omissions in the services required under this contract, without undue delays and without cost to the College. The acceptance of the work set forth herein by the College shall not relieve the Contractor of the responsibility of subsequent correction of such errors.

E.8 SUSPENSION OF WORK

The procurement officer unilaterally may order the Contractor in writing to suspend, delay, or interrupt all or any part of this work for such period of time as he may determine to be appropriate for the convenience of the College.

E.9 MULTI-YEAR CONTRACTS CONTINGENT UPON APPROPRIATION

If the General Assembly fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available: provided, however, that this will not affect either the College’s rights or the Contractor’s rights under any termination clause in this Contract. The effect of termination of the Contract hereunder will be to discharge both the Contractor and the College from future performance of the Contract, but not from their rights and obligations existing at the time of termination.

The Contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the Contract. The College shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first.

E.10 INDEFINITE DELIVERY INDEFINITE QUANTITY

.1 This is an indefinite-delivery indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

.2 Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the College, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The College shall order at least the quantity of supplies or services designated in the Schedule as the minimum.

.3 Except for any limitations on quantity in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The College may issue orders requiring delivery to multiple destinations or performance at multiple locations.

RFP: Printing Services SPECIAL CONTRACT REQUIREMENTS Page E-4

.4 Any order issued during the effective final Contract option year period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contactor’s and Colleges rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period.

SECTION F

RFP: Printing Services CONTRACT CLAUSES Page F-1

CONTRACT CLAUSES

NUMBER CLAUSE NAME NO.

F.1 COLLEGE SECURITY PROVISIONS F-3

F.2 COLLEGE POLICIES, RULES AND REGULATIONS F-3

F.3 PRE-EXISTING REGULATIONS F-3

F.4 EMPLOYEE CONDUCT F-3

F.5 ETHICS F-3

F.6 RETENTION OF RECORDS F-3

F.7 DISSEMINATION OF INFORMATION F-3

F.8 RESPONSIBILITY OF CONTRACTOR F-3

F.9 NON-EXCLUSIVE CONTRACT AND NO

ASSURANCE OF WORK F-4

F.10 BANKRUPTCY F-4

F.11 SUBCONTRACTING, ASSIGNMENT F-4

F.12 LICENSES AND REGISTRATION F-4

F.13 COMPLIANCE WITH LAWS F-4

F.14 CONTINGENT FEE PROHIBITION F-5

F.15 NON-DISCRIMINATION IN EMPLOYMENT F-5

F.16 COMMERCIAL NON-DISCRIMINATION CLAUSE F-5

F.17 AFFIRMATIVE ACTION NOTICE F-6

F.18 NON-HIRING OF EMPLOYEES F-6

F.19 DRUG FREE AND ALCOHOL-FREE WORKPLACE F-6

RFP: Printing Services CONTRACT CLAUSES Page F-2

F.20 CORPORATE REGISTRATION F-6

F.21 FINANCIAL DISCLOSURE F-7

F.22 POLITICAL CONTRIBUTION DISCLOSURE F-7

F.23 FEDERAL LOBBYING PROHIBITION F-7

F.24 COMPLIANCE WITH ADA F-7

F.25 LICENSES, REGISTRATION AND QUALIFICATIONS F-8

F.26 ANTI-BRIBERY F-8

F.27 ARREARAGES F-8

F.28 QULAIFICATIONS TO DO BUSINESS IN THE

STATE OF MARYLAND F-8

F.29 FIXED OR UNIFORM PRICE F-8

F.30 EPA COMPLIANCE F-8

F.31 OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.) F-8

F.32 INDEMNIFICATION F-8

F.33 DISPUTES F-9

F.34 TERMINATION FOR DEFAULT F-10

F.35 TERMINATION FOR CONVENIENCE F-10

F.36 SET-OFF F-10

F.37 BID/PROPOSAL AFFIDAVIT BY CONTRACTOR F-10

F.38 REPRESENTATION F-10

F.39 MARYLAND LAW PREVAILS F-10

F.40 ENTIRE AGREEMENT F-11

RFP: Printing Services CONTRACT CLAUSES Page F-3

F.1 COLLEGE SECURITY PROVISIONS

All security requirements established by the College for its facilities shall become a part of these specifications, and it shall be the vendor’s responsibility to comply with these security provisions.

F.2 COLLEGE POLICIES, RULES AND REGULATIONS

The Contractor agrees to abide by all college policies, rules and regulations in effect for all St. Mary's College of Maryland employees while working on the campus and/or dealing with any students off the campus in furtherance of the Contractor’s obligations under this contract.

F.3 PRE-EXISTING REGUALTIONS

The regulations set forth in SMCM Procurement Policies and Procedures in effect on the date of execution of this Contract are applicable to this Contract.

F.4 EMPLOYEE CONDUCT

Contractor is responsible for all employees and their actions while on the campus and the college reserves the right to remove from the premises any employee of the Contractor who in any way acts in a manner which is considered unacceptable by the College.

F.5 ETHICS

This Contract is cancellable in the event of a violation of the Maryland Public Ethics Law by the Contractor or any College employee or official in connection with this procurement.

F.6 RETENTION OF RECORDS

Contractor shall retain and maintain all records and documents relating to this Contract for three (3) years after final payment by the College hereunder or any applicable statue of limitation, whichever is longer, and shall make them available for inspection and audit by authorized representatives of the State of Maryland, including the procurement officer or designee, at all reasonable times.

F.7 DISSEMINATION OF INFORMAITON

Contractor may not release any information related to the services or performance of the services under this Contract nor publish any final reports or documents without the prior written approval of the College.

Contractor shall indemnify the State and the College, their officials, agents and employees, from any liability that may be incurred by reason of dissemination, publication, distribution or circulation, of any information or materials pertaining to this Contract by Contractor, its agents or employees.

F.8 RESPONSIBILITY OF CONTRACTOR

Contractor shall perform the services with that standard of care, skill and diligence normally provided by a contractor in the performance of similar services. If Contractor fails to perform the Services, and such failure is made known to Contractor within two years after expiration of this Agreement, it shall, if required by The College, perform at its own expense and without additional cost to the College, those

RFP: Printing Services CONTRACT CLAUSES Page F-4 services necessary for the Correction of any deficiencies or damage resulting from Contractor’s failure under this obligation, in addition to and not in substitution for any other remedy available to the College.

F.9 NON-EXCLUSIVE CONTRACT AND NO ASSURANCES OF WORK

The parties acknowledge and agree that this Contract is not exclusive and that the College may purchase the same or similar goods and services from other vendors.

F.10 BANKRUPTCY

Upon the filing of any bankruptcy proceeding by or against Contractor, whether voluntary or involuntary, or upon the appointment of a receiver, trustee, or assignee for the benefit of creditors, Contractor must notify the College immediately. Upon learning of the actions herein identified, the College reserves the right at its sole discretion either to cancel the contract or to affirm the Contract, and to hold contractor responsible for damages.

F.11 SUBCONTRACTNG, ASSIGNMENT

Contractor may not, during the term of this Agreement or any renewals or extensions of the Agreement, assign or subcontract all or any part of the Agreement without the prior written approval of the Procurement Officer. Any approved subcontract or assignment is subject to all terms and conditions that the State deems necessary. The College is not responsible for Contractor’s obligations to its subcontractors.

F.12 LICENSES AND REGISTRATION

The Contractor must be licensed as required by the laws of the State of Maryland as applicable to the performance of work under this Contract.

F.13 COMPLIANCE WITH LAWS

The Contractor hereby represents and warrants that:

.1 It is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;

.2 It is not in arrears with respect to the payment of any moneys due and owing the State of Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract;

.3 It shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and

.4 IT shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract.

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F.14 CONTINGENT FEE PROHIBITION

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

F.15 NON-DISCRIMINATION IN EMPLOYMENT

The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, sexual orientation, gender identification, marital status, national origin, ancestry genetic information or any otherwise unlawful use of characteristics, or disability of a qualified individual with a disability unrelated in nature and extent so as to reasonably preclude the performance of the employment, or the individual’s refusal to submit to a genetic test or make available the results of a genetic test; (b) to include a provision similar to that contained in subsection (a), above, in any underlying subcontract except a subcontract for standard commercial supplies or raw materials; and (c) to post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause.

F.16 COMMERCIAL NON-DISCRIMINATION CLAUSE

A. As a condition of entering into this Agreement, Contractor represents and warrants that it will comply 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. As part of such compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry, 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 or on the basis of disability, or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination.

Contractor shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands that a material violation of this clause shall be considered a material breach of this Agreement and may result in termination of this Agreement, disqualification of Contractor from participating in State contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

B. As a condition of entering into this Agreement, upon the request of the Commission on Civil Rights, and only after the filing of a complaint against Contractor under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland, as amended from time to time, Contractor agrees to provide within 60 days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past 4 years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contractor one each subcontract or supply contract. Contractor further agrees to cooperate in any investigation conducted by

RFP: Printing Services CONTRACT CLAUSES Page F-6 the State pursuant to the State’s Commercial Nondiscrimination Policy as set forth under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland, and to provide any documents relevant to any investigation that are requested by the State. Contractor understands that violation of this clause is a material breach of this Agreement and may result in contract termination, disqualification by the State from participating in State contracts, and other sanctions.

F.17 AFFIRMATIVE ACTION NOTICE

The College is committed to the principles of equal employment opportunity. As a covered educational institution bound by Executive Order 11246; the Vietnam Era Veterans Readjustment Assistance Act of 1974; and Section 503 of the Rehabilitation Act of 1973, as amended, the College maintains an affirmative action plan and hereby states as its Policy of Affirmative Action the following:

• It will be the policy of the college to recruit, hire, train and promote persons in all job titles without regard to sex, gender identity, sexual orientation, race, color, religious creed, national origin, ethnicity, physical or mental disability, protected veteran status, or any other characteristic protected by law.

• All employment decisions shall be consistent with the principle of equal employment opportunity, and only job-related qualifications will be required.

• All terms and conditions of employment will be administered without regard to an individual’s sex, gender identity, sexual orientation, race, color, religious creed, national origin, ethnicity, physical or mental disability, protected veteran status, or any other characteristic protected by applicable law.

For employee placement firms: We request that you refer to the College all qualified candidates, including w3omen, individuals of color, protected veterans, and individuals with disabilities.

F.18 NON-HIRING OF OFFICIALS AND EMPLOYEES

No official or employee of the State of Maryland as defined under State Government General Provisions Article, §13-2215-101, Annotated Code of Maryland, whose duties as such official or employee include matters relating to or affecting the subject matter of this contract, shall, during the pendency and/or term of this contract and while serving as an official or employee of the State, become or be an employee of contractor or any entity that is a subcontractor on this contract.

F.19 DRUG FREE AND ALCOHOL-FREE WORKPLACE

The contractor warrants that the Contractor shall comply with COMAR 21.11.08 Drug and Alcohol-Free Workplace and that the Contractor shall remain in compliance throughout the term of the Contract.

F.20 CORPORATE REGISTRATION

Pursuant to 7-201 et seq. of the Corporations and Associations Article of the Annotated Code of Maryland, corporations not incorporated in the State of Maryland shall be registered with the State Department of Assessments and Taxation, 301 West Preston Street, Baltimore, MD 21201, before doing

RFP: Printing Services CONTRACT CLAUSES Page F-7 any interstate or foreign business in this State. Before doing any intrastate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation.

F.21 FINANCIAL DISCLOSURE

Contractor shall comply with the State Finance and Procurement Article, §13-221, Annotated Code of Maryland, which requires that every business that enters into contracts, leases, or other agreements with the State and receive in the aggregate $200,000 or more during a calendar year, shall within 30 days of the time when the $200,000 is reached, file with the Secretary of State certain specified information to include disclosure of beneficial ownership of the business.

F.22 POLITICAL CONTRIBUTION DISCLOSURE

The Contractor shall 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, or 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 contribution 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 or before: (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.

Additional information is available on the State Board of Election website:

http://www.elections.state.md.us/campaign_finance/index.html.

F.23 FEDERAL LOBBYING PROHIBITION

In accordance with 31 U.S. C. § 1352, The College and Contractor, and any subcontractors are prohibited from using any federal funds for the purpose of lobbing Congress or any federal agency in connection with the awarding of a particular contract, grant, cooperative agreement, or loan. Any recipient of federal funds that received over $100,000 in federal monies must also file a “Disclosure of Lobby Activities” from (Federal Form SF LLL). Contractor hereby specifically agrees to abide by all applicable requirements of 31 U.S.C. § 1352.

F.24 COMPLIANCE WITH ADA

Contractor shall comply with the Americans with Disabilities Act (ADA), 42, U.S.C. § § 12101 et seq.

and applicable regulations. To the extent required by the ADA, Contractor’s facilities, services, and programs shall be accessible to persons with disabilities. Contractor shall bear sole responsibility for assuring that its activities under this Agreement conform to the ADA. Contractor shall indemnify the State in any action brought pursuant to the ADA for all damages, attorney fees, litigation expenses, and costs, if such action or proceeding arises from the acts of Contractor, or of Contractor’s employees, agents, or subcontractors.

http://www.elections.state.md.us/campaign_finance/index.html

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F.25 LICENSES, REGISTRATION AND QUALIFICATIONS

All work performed by the Contractor shall conform to all State and local codes and ordinances and such other statutory provisions that pertain to this class of work. Such codes, rules, regulations and local ordinances are to be considered part of these specifications. The College reserves the right to require that the Contractor demonstrate that it has the skills, equipment and other resources to satisfactorily perform the nature and magnitude of work necessary to complete the project. The College has the option of requiring all personnel working on this contract to have copies of their license/registration forms on file with the Purchasing Agent at the college.

F.26 ANTI-BRIBERY

The Contractor warrants that neither it nor any of its officers, directors or partners, nor any employees who are directly involved in obtaining or performing contracts with any public body has been convicted of bribery, attempted bribery or conspiracy to bribe under the laws of any state or the federal government.

F.27 ARREARAGES

By submitting a response to this solicitation, a vendor 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.

F.28 QUALIFICATIONS TO DO BUSINESS IN THE STATE OF MARYLAND

Any out of state entity not already registered with the Maryland State Department of Assessments and Taxation to do business in Maryland shall be required to do so prior to entering into a contract with the College.

F.29 FIXED OR UNIFORM PRICE

The Bidder affirms that it has not been a party to any agreement to bid a fixed or uniform price.

F.30 EPA COMPLIANCE

Materials, supplies, equipment or services shall comply in all respects with the Federal Noise Act of 1972, where applicable.

F.31 OCCUPATIONAL SAFETY AND HEALTH ACT (O.S.H.A.)

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

F.32 INDEMNIFICATION

.1 To the fullest extent permitted by law, the Contractor shall indemnify, hold harmless, and, if requested, defend the State of Maryland and St. Mary’s College of Maryland and their trustees, officers, employees, representatives, and agents, from any and all claims, costs, damages, expenses, RFP: Printing Services CONTRACT CLAUSES Page F-9 liability, losses, judgments, and causes of actions (including attorney’s fees, settlements made in good faith and arbitration awards) which arise out of or result from the performance of this Contract, including any acts or omissions of the Contractor, its officers, employees, subcontractors, or agents. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnification which would otherwise exist as to any party or person.

.2 The College is not liable in any action of tort, contract, or otherwise for any actions of Contractor arising out of this Agreement. The college shall not assume any obligation to defend, indemnify, hold harmless, or pay any attorneys’ fees, claims, costs, expenses, judgments, or settlements that may arise from or in any way be associated with the performance or operation of this Contract.

.3 The Contractor shall immediately notify the Procurement Officer by phone and in writing of any claim or suit made or filed against the Contractor or its Subcontractors regarding any matter resulting from or relating to the Contractor’s performance…