Request_for_Proposal_158554_Property_Mgmt_UM_Properties.pdf

University of Maryland

College Park Request for Proposal (RFP)

Solicitation No. 158554 For Property Management Services at the University of Maryland College Park

Issue Date: Wednesday, August 28, 2024

Pre-Proposal Conference: Thursday, September 12, 2024 at 1 P.M. EDT

Site Visit: Wednesday, September 18, 2024 at 1 P.M. EDT

Deadline for Questions: Thursday, September 19, 2024 at 1 P.M. EDT

Proposal Due Date: Thursday, October 3, 2024 at 3 P.M. EDT

WARNING: Contractors who have received this document from a source other than eMaryland Marketplace Advantage (eMMA) should visit the State’s eMaryland Marketplace website and register as a Vendor. The University uses this web site to post solicitation and all solicitation amendments. The University does not maintain a Proposers/Bidders list.

Contractors are cautioned not to make changes to any of the terms and conditions in this solicitation. Doing so may render a Contractor’s proposal unacceptable and subject to rejection. Questions and comments may be addressed to the point of contact identified in Section 2.1 of this document.

TABLE OF CONTENTS

SECTION 1

Introduction Background Information Term of Contract Description/Statement of Work/Minimum Requirements/Evaluation Factors

SECTION 2

Instructions and Notices to Contractors

2.1 Issuing Office

2.2 Pre-Proposal Conference

2.3 Questions

2.4 Amendments to the RFP

2.5 Submission of Proposals

2.6 Due Date and Time

2.7 Treatment of Late Proposals

2.8 Durations of Proposal Offer

2.9 Alternate Proposals

2.10 Economy of Preparation

2.11 Unable to Propose

2.12 Public Information Act Notice

2.13 Two Volume Proposal

2.14 Cancellation of the RFP

2.15 Solicitation, Proposal, Acceptance, Award and Discussions

SECTION 3

Bidder Qualifications

3.1 Evaluation Method

3.2 Evidence of Responsibility

3.3 Solicitation, Proposal, Acceptance, Award and Discussion

3.4 Negotiation

3.5 Basis of Award

3.6 Formation of Agreement/Contract with Successful Contractor

3.7 Debriefing of Unsuccessful Proposers

3.8 Protests and Claims

3.9 Contract Implementation Meeting

SECTION 4

Requirements

4.1 Contractor Data

4.2 Company Profile

4.3 Qualifications of Personnel

4.4 Experience & Past Performance

4.5 References

4.6 Minority Business Enterprise (MBE) Participation

4.7 Economic Benefit to Maryland

SECTION 5

Pricing

SECTION 6

Clauses & Proposal and Contract Terms and Conditions

SECTION 1

INTRODUCTION

The University of Maryland College Park is requesting proposals from responsive and responsible bidders for property management services for the University Properties at the University of Maryland College Park.

The University of Maryland College Park is the state's flagship university and one of the nation's preeminent public research universities. A global leader in research, entrepreneurship and innovation, the university is home to more than 40,700 students, 14,000 faculty and staff, and nearly 400,000 alumni all dedicated to the pursuit of Fearless Ideas. Located just outside Washington, D.C., we discover and share new knowledge every day through our renowned research enterprise and programs in academics, the arts and athletics. And we are committed to social entrepreneurship as the nation’s first “Do Good” campus.

BACKGROUND INFORMATION

The University of Maryland, College Park seeks proposals for commercial property management services from a qualified Property Manager for designated University owned or controlled properties located in or near College Park, Maryland (collectively, the “University Properties”). The current portfolio of University Properties requiring property management services are as follows (subject to change):

This contract seeks full service commercial property management services for the University Properties and other real property assets that may be acquired by the University during the term of the property management agreement.

The selected property manager’s primary functions will be receiving and collecting rent and other payments from tenants; hiring, supervising, and paying personnel and contractors to maintain, repair, and operate the properties; paying property operating expenses, such as utility bills and any taxes;

and, finally, keeping an accurate record of income and expenses and providing the University, as the property owner, with monthly reports and financial summaries.

Property Name Address Size Description Diamondback Garage 7878 Diamondback Drive 20,300 SF Office, multiple tenants Cypress Building 8320 Baltimore Avenue 8,400 SF Office/Warehouse Artemesia Building 8400 Baltimore Avenue 47,000 SF Office, multiple tenants Anacostia Building One Physics Ellipse 107,274 SF Office, Library Paint Branch Building 4505 Campus Drive 32,101 SF Office/Lab, single tenant Patapsco Building 5145 Campus Drive 23,853 SF Office/Lab/Shop, fully vacant Bright Horizons Child Care

4601 Calvert Road 12,600 SF Child care center

Metzerott Road 4103, 4109 Metzerott Road

3.8 acres Vacant Land

TERM OF CONTRACT

The contract term shall commence on the date the contract is signed on behalf of the University or such later date as the University directs. The contract term shall terminate one

(1) year after the beginning date unless extended or sooner terminated in accordance with the contract.

At the sole option of the University, the contract may be renewed for up to four (4) additional separately exercisable one (1)-year terms under the same terms and conditions, with prices as quoted in Section B and accepted by the University of Maryland.

DESCRIPTION/STATEMENT of WORK/MINIMUM REQUIREMENTS/EVALUTATION FACTORS

This contract seeks full service commercial property management services for the University Properties and other real property assets that may be acquired by the University during the term of the property management agreement.

The selected property manager’s primary functions will be receiving and collecting rent and other payments from tenants; hiring, supervising, and paying personnel and contractors to maintain, repair, and operate the properties; paying property operating expenses, such as utility bills and any taxes; and, finally, keeping an accurate record of income and expenses and providing the University, as the property owner, with monthly reports and financial summaries.

CONTRACTING APPROACH & WORK SCOPE

The University of Maryland, College Park (the “Owner”) owns or leases the University Properties. Owner desires to employ a qualified firm (the “Manager”) as the primary property manager for the University Properties during the term of the Agreement. The following is a summary of proposed terms for the property management contract. Although other details may be added, all items herein will become part of a separate, binding agreement between the University and the awarded firm:

DUTIES OF MANAGER

The Manager shall manage, operate and maintain the University Properties as Owner’s agent in accordance with sound property management practice.

Service levels for the existing University Properties are as follows:

BUILDING NAME SERVICE LEVEL

Anacostia, Artemesia, Cypress

Full service as defined in Paragraph 1, (“Operation”) immediately below, including rent collection.

Diamondback Garage Full service. Services exclude exterior repair, landscaping, snow removal.

Bright Horizons Child Care Full service. Services exclude utility payments, landscaping, snow removal. No rent collection.

Paint Branch Limited service. Only life safety systems, landscaping, snow removal, capital repair, rent collection.

Metzerott Road Unimproved property; grass cutting only

Patapsco Building Vacant; minimal services required to keep building safe, secure, and conditioned until future demolition

1. Operation.

The Manager shall professionally and efficiently operate the University Properties. The Manager shall enter into service contracts for the University Properties, including, but not limited to, janitorial, maintenance of building systems including HVAC, electrical, and plumbing, general repairs, operation and testing of fire/life safety systems, elevators, utilities (as needed), pest management, trash/recycling collection, snow removal, landscaping and lawn mowing on behalf of Owner. When possible, the Manager shall solicit multiple proposals for service contracts to ensure the Owner receives the best value.

Landscaping services shall include a regular review of all trees on the University Properties and removal of dead trees or trees presenting a hazard to pedestrians, vehicles, or Owner’s property.

State law requires buildings generating compostable residual from food served to be collected and diverted from landfill when it exceeds one (1) ton per week after a benchmark is established. This standard applies to the University as a whole. Compost collection shall be provided as part of the waste management scope of work, if deemed necessary by the Owner.

2. Maintenance and Repairs.

Manager shall use commercially reasonable efforts to ensure that property physical facilities, personal property and grounds are well maintained and kept in good order and repair. Manager shall provide such equipment, tools, appliances, materials and supplies as are necessary to properly maintain the University Properties. Manager shall maintain and provide Owner and its designees with access to an electronic work ticket system to submit and track maintenance requests. Manager shall not, however, without the prior written consent of Owner, make or contract for any unbudgeted repair or improvement the total cost of which will exceed Five Thousand Dollars ($5,000), except in emergencies. All University Properties operating expenses shall be charged to Owner.

3. Employment and Supervision of Personnel.

The Manager shall employ and supervise all personnel required for the operation, maintenance and management of the University Properties, including a full or part-time building engineer, all as reasonably required for on-site supervision and operations. All such employees shall be on Manager's payroll, under the control of Manager, and shall not be Owner’s employees. Manager will, in the hiring and retention of such employees, use reasonable care to select qualified, competent and trustworthy employees. Manager will procure and maintain workmen's compensation insurance covering all such employees. Manager shall make all necessary payroll deductions for disability and unemployment insurance, social security, withholding taxes and other applicable taxes, and prepare, maintain and file.

The Manager shall submit all necessary reports with respect to such taxes or deductions, and all other necessary statements and reports pertaining to labor employed by Manager in or about the University Properties. Manager shall bill Owner monthly for such services on an hourly fee basis as agreed to in Article II.C and as proposed by the Manager in response to this RFP in Article IV, below.

4. Collection of Rents and Remittances of Income.

Owner shall appoint Manager as its agent to collect tenant rents. Manager shall use its best efforts to collect rents, security deposits and all other charges due. All monies so collected shall be deposited in an operating account to be designated by Manager (“Operating Account”) with the approval of Owner, not to be unreasonably withheld.

Manager shall pay rental invoices for those properties leased by the Owner as instructed in writing by Owner. Manager shall pay the expenses of the University Properties out of the Operating Account in accordance with the terms of this RFP.

The Manager shall coordinate with Owner in the event it determines that suits or proceedings to recover rents, or to evict or dispossess a tenant, may be required. Owner is an instrumentality of the State of Maryland and may be required to refer all legal actions to the Office of Attorney General. Manager will cooperate with legal counsel to prosecute such suits by providing witnesses and evidence, all at the cost of Owner. Any expenses actually incurred by Manager in bringing such suits or proceedings will be reimbursed by Owner.

Any funds of Owner which are handled by the Manager, its employees, or the employees of any subsidiary or affiliated organization of the Manager shall be the responsibility of Manager, as fiduciary, and shall, net of any permitted expenses, be accounted for and paid to Owner by Manager, all in accordance with the terms of this Agreement. Manager shall cause all persons under its control (including specifically, its employees) with authority to collect, handle or disburse any monies under this Agreement to be bonded in an amount adequate to insure the return of any monies which may be lost due to loss, theft, embezzlement or other cause generally included in coverage under fidelity bonds.

Owner will determine the amount held in the property operating account. Excess funds from the property operating account shall be swept quarterly.

5. Costs Eligible for Payment by the Manager.

The Manager is authorized to and shall pay expenses directly from the operating account of the University Properties. The following costs are eligible for payment by the Manager:

• the actual and reasonable costs of operating and maintaining the University Properties;

• the cost of all authorized repairs, replacements, decorations, alterations and payments;

• the cost to cause the University Properties to comply with applicable laws, including tax payments; and

• such other costs or expenses as may be authorized by the anticipated binding agreement between Manager and Owner or otherwise authorized in writing by Owner.

The Manager shall not be reimbursed for any part of Manager’s central office overhead or central office general or administrative expenses, including any expenses relative to the direction and expertise furnished by the personnel employed at its central office.

The Manager shall indicate its requirements for office, closet and other space in the University Properties in order for Manager to perform its anticipated functions.

6. Operating Account.

The Manager shall not be obligated to pay any amounts to or on behalf of Owner unless funds are available therefore in the Operating Account or authorized in the contract. If at any time the Operating Account balance is (or is reasonably projected in the next 12 months, to be) insufficient to pay the cost to operate and maintain the University Properties, then Manager shall submit to Owner an invoice of such actual or projected deficit, and Owner pay to Manager, for deposit to the Operating Account, within sixty (60) days such funds as are required. Manager shall never be liable for any costs, interest, penalties or damages which may become due because of Owner's failure to deposit sufficient funds to the Operating Account or to otherwise fund the full actual (or reasonably projected) operating expenses of the University Properties.

7. Monthly Reports.

The Manager shall send to the Owner, within ten (10) days after the end of each calendar month, a written report showing the income and expenses with respect to the University Properties for the preceding month and cumulatively for the fiscal year to date. The Owner’s fiscal year runs from July 1 to June 30. With each monthly report, Manager shall forward to Owner all supporting statements with respect to expenses paid during the month and any other information necessary to account for the operation of the University Properties. Reports shall be reviewed with the Owner’s Representative on a monthly basis.

Owner’s Representative is Emily Heppen, telephone number 301-405-1199, email eheppen@umd.edu.

Financial reports will be prepared on a cash basis; the Manager shall ensure adequate control over all such records. Additional accounting services requested by Owner may be available but shall be at Owner's additional expense.

With each report, the Manager shall remit to Owner the income from the operation of the University Properties during the prior calendar month, net of all disbursements during the prior month authorized under this Agreement, less a reserve for working cash. At the commencement of this Contract, the Owner will use commercially reasonable efforts to transfer any balance from its existing property management account(s) to fund this minimum reserve balance, if and as necessary.

The Manager’s report shall itemize the Management Fee withdrawn from the Operating Account. If there is a deficiency in that Operating Account, Manager shall submit an invoice to Owner.

mailto:eheppen@umd.edu

8. Annual Statement of Operation.

Not later than July 31 of each year during the term or within thirty (30) days after the last day of the term, the Manager shall deliver to Owner a detailed statement of the operations of the University Properties for the prior fiscal year (or portion thereof), certified as true and correct by a duly authorized officer of the Manager.

9. Books, Records and Audit.

The Manager shall maintain adequate, separate and complete books, records, papers, accounts, contracts and files, including complete and current files of all leases for the University Properties. Owner shall, at all reasonable times during business hours, have the right to audit such books and records during the Term and for a period of three (3) years thereafter. The cost of any such audit shall be borne by Owner. Any adjustments in amounts due and owing by either Owner or Manager as a result of any such audit shall be paid by Owner or Manager, as the case may be, within forty-five (45) days following receipt of such audit.

10. Notices.

The Manager shall promptly notify the Owner’s Representative by email (with saved record of transmission) of all material occurrences and circumstances affecting the University Properties or their operations.

Notices under this contract shall be in writing and shall be considered effective upon personal delivery to the individual listed below or five calendar days after deposit in any U.S. mailbox, first class and addressed to the other party as follows:

For the University of Maryland: For Contractor: (please complete the following)

Department of Procurement & Business Services Brennitta Welcher University of Maryland ___________________ 2113R Chesapeake Building ___________________ College Park, MD 20742-3111 ___________________ Telephone: 301-405-5821 Telephone: _______ Facsimile: 301-314-9565 Facsimile:

Email: bwelcher@umd.edu Email:

mailto:bwelcher@umd.edu

11. Compliance with Law.

The Manager shall make every effort to comply with, and to cause the operations of the University Properties to comply with, all provisions of applicable law, whether municipal (to the extent it might apply to Owner), state, or federal including those prohibiting, or making illegal, discrimination on the basis of race, color, religion or creed, sex, age, ancestry or national origin, marital status, physical or mental disability, sexual orientation, gender identity and genetic information.

Owner shall be named as an additional insured.

12. No Leasing.

The proposed relationship is for property management services only. Manager is not being retained to lease any portion of the University Properties. No commissions may be paid through the anticipated agreement.

13. Lease Management Software System

Manager shall enter lease and tenant data into Owner’s software database. Manager shall input lease details, contact details, and will track tenant payments. Owner currently uses Yardi, and proficiency in Yardi is required.

14. Annual Budget

Manager to provide Owner with a proposed annual budget per property for Owner’s fiscal year. Each budget should detail common area maintenance estimates, tax estimates, tenant improvement estimates, capital expenditures and other related property costs.

15. Construction

Should the Owner elect to engage the Manager to oversee tenant improvement projects, capital improvements, or other major projects, Manager shall manage such projects subject to a reasonable construction services fee not to exceed 3%. At Owner’s direction, Manager shall engage and manage design services, if necessary, to complete tenant improvement projects. Manager shall solicit 3 or more bids from qualified general contractors, prepare project budgets, conduct pre-construction meetings, oversee construction activity in compliance with construction drawings and specifications and all applicable building codes, hold regular progress meetings with tenant and University stakeholders, and submit all design and construction invoices to Owner for approval. At Owner’s discretion, Owner may elect to issue purchase orders to Manager, or direct Manager to withdraw funds from the Operating Account for these projects.

COMPENSATION

1. Management Fee.

(a) The Owner shall pay, each month, the Management Fee during the Term of this Agreement in the amount proposed by Manager in Article IV. Because the University Properties portfolio is not (entirely) income generating, the University requests that the proposal base its management fee on an annual fixed fee, a “per square foot” of managed portfolio, or some other approach not tied to rental income. The proposed fee may be equitably adjusted if the University adds or removes real property subject to this Agreement.

(b) Engineering Fees: In addition to the Management Fee, the Owner shall also pay the Manager for the cost of on-site engineering or other services at the hourly rate as proposed by Manager in Article 4.

The Manager may identify different personnel, with different hourly rates, in its reply to Article IV. At each annual renewal period, the hourly rate for site engineering (or other) services can be adjusted by Manager if prior written notice is given to Owner not later than 60 days before the last day of the then- current one year term. Such services shall be provided by the staff of the Manager on an “as needed” basis.

(c) Other Fees. If the Manager believes other fees or charges should be included, then it may itemize those proposed additional fees in Article IV. As noted earlier, there are no leasing commissions to be paid (and, correspondingly, no obligation of the Manager to procure tenants or otherwise market the University Properties).

ROLES OF THE UNIVERSITY OF MARYLAND PROGRAM MANAGER AND PROCUREMENT OFFICER

The Procurement Officer is the University of Maryland’s authorized representative for all pre- contract matters related to this contract. Additionally, throughout the duration of the contract, the Procurement Officer shall be the only individual with authority to modify any provisions of this contract including, without limitation, the statement of work, pricing or any other sections.

The University of Maryland College Park Program Manager Emily Heppen, Project Manager, Real Estate Asset Management and designated staff shall be the principal interface on behalf of the University of Maryland for post-award technical matters, and shall have the authority to explain and provide further details regarding the University of Maryland’s expectations concerning the work to be performed hereunder and/or the items to be provided herein. The Program Manager and designated staff shall have no authority to modify any provisions of this contract.

Contract Administration Data

1.0 Invoicing

The Contractor shall provide the following invoicing services. Invoices shall reflect the price structure spelled out in Section 5.

Throughout the duration of any resultant contract, the Contractor shall provide one paper of each invoice. The paper invoice must contain the following minimum information:

a. Invoice Number

b. Invoice Date

c. The word ORIGINAL printed on the original copy of the document.

d. The full company or corporate name and address; payment address if it differs from corporate address.

e. The full nine (9) digit Federal Tax Identification number (for U.S.

Contractors only) or Social Security Number.

f. Purchase order number and/or contract number.

Direct invoices to the following address:

University of Maryland Accounts Payable Department 3101 Chesapeake Building 4300 Terrapin Trail College Park, MD 20742 Attn: Jacqueline Kilgore

Email: apadmin@umd.edu

Send a copy of the invoice to:

University of Maryland Office of Real Estate 2101 Miller Administration Building 7901 Regents Drive College Park, MD 20742 Attn: Emily Heppen Email: eheppen@umd.edu

Any invoice that is unclear, illegible or does not conform to these specific requirements shall be returned to the Contractor for re-issuance.

2.0 Assignment

No part of the work specified herein may be assigned or transferred to another Contractor without the prior written authorization of the Procurement Officer.

INSPECTION & ACCEPTANCE

The following inspection, testing and acceptance requirements are incorporated herein:

• Delivery shall be made in accordance with the scope of services. All services rendered/deliveries shall confirm and affirm the requirements defined in Section C/Scope of Work.

mailto:apadmin@umd.edu mailto:eheppen@umd.edu

• Any services that fail to meet the quality and specifications shall be rejected. At the University’s discretion, the contractor may be requested to re-work any services/deliverables, at no additional cost to the University, until such services/deliverables prove acceptable.

• In the event the Contractor is not able to produce acceptable services/deliverables, the University reserves the right to purchase replacement services in the open market and charge the Contractor for any excess price paid for the replacement, plus applicable expenses, if any.

• The University, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor’s control. The University unilaterally may order in writing the suspension, delay, or interruption of performance hereunder.

• The services listed in the scope of services shall be delivered to the point or points specified prior to, or on the date specified in this Contract.

SECTION 2

Instructions and Notices to Contractors

2.1 Issuing Office

The sole point of contact at the University of Maryland, College Park (UMCP), for purposes of this Request for Proposal (RFP), is the Issuing Office. The Issuing Office as identified on the Solicitation/Contract Form provided as Exhibit 1 is:

The University of Maryland Department of Procurement & Business Services 2113-R Chesapeake Building College Park, MD 20742

All contact throughout the process is to be made in writing, via email, throughout the RFP process with the exception of information received as a result of a Pre-Proposal Conference.

Responses to inquiries will be made in writing and issued to all known participants. The Point of Contact is

Name: Brennitta Welcher Title: Buyer Email Address: bwelcher@umd.edu

2.2 Pre-Proposal Conference/Site visit

An optional pre-proposal conference will be held on Thursday, September 12, 2024 at 1 P.M.

EDT at the location noted below:

https://umd.zoom.us/j/8989534133?omn=99910901492

Contractors should estimate a duration of forty-five (45) minutes. Contractors who are attending the pre-proposal conference are requested to bring written copies of any questions they may have to the conference. Answers to questions will be provided in accordance with Section 2, subsection 2.3 below.

The site visit will be held on Wednesday, September 18, 2024 at 9 A.M. EDT. Contractors planning to send a representative are required to contact the Issuing Office at least three (3) working days prior to the site visit. While attendance at the pre-proposal conference and site visit is not mandatory, all interested contractors are encouraged to attend to be able to better prepare acceptable proposals. Contractors planning to send more than two representatives to the site visit must obtain prior approval from the Procurement Officer.

2.3 Questions

The Contractor is responsible for carefully reading and fully understanding the requirements, terms, and conditions of this RFP. All contact between Contractors and the University will be made formally at scheduled meetings or in writing through the Issuing Office with the identified Point of Contact.

mailto:bwelcher@umd.edu https://umd.zoom.us/j/8989534133?omn=99910901492

Requests for clarification or additional information must be submitted in writing, via email, to the Point of Contact and received by the Issuing Office no later than Thursday, September 19, 2024 at 1 P.M. EDT. These requests are to contain the following subject line: “QUESTIONS:

RFP # 158554”. Outside of the pre-proposal meeting, only written communications relative to the procurement will be responded to. It is incumbent upon the Contractor to verify University receipt of their questions.

All questions will be answered in writing on or before Thursday, September 19, 2024.

Questions and answers will be distributed, without identification of the inquirer(s), to all Contractors who are on record with the Procurement Officer as having received this RFP.

Oral communications are not to be relied upon for proposal purposes. Any communication received from parties other than the identified Point of Contact are to be considered non-authoritative in nature.

To the extent that a question causes a change to any part of this RFP, an amendment shall be issued addressing such.

2.4 Amendments to the RFP

If it becomes necessary to revise any part of this RFP, notice of the revision will be issued in the form of an Amendment to Contractors on record with the Procurement Officer as having received this RFP. All Amendments shall become a part of this RFP. Each Contractor is required to acknowledge receipt of Amendments. Failure of a Contractor to acknowledge any Amendment will not relieve the Contractor of responsibility for complying with the content of the Amendment. The University uses the eMaryland Marketplace Advantage (eMMA) web site to post solicitation and all solicitation amendments.

2.5 Submission of Proposals

Proposals must be:

(1) submitted in the designated format

(2) made in the official name of the firm or individual under which Contractor's business is conducted (including the official business address),

(3) signed by a person duly authorized to commit Contractor to the proposal, electronic signatures are acceptable

(4) submitted in envelopes clearly marked with the assigned RFP number and Contractor name as described below

(5) separated into Technical and Financial volumes, and

(6) addressed to the Procurement Officer identified as the Point of Contact in the Issuing

Office

The Contractor must submit one electronic version of the technical volume plus one electronic version of the financial volume separately to the following Box folder:

https://umd.app.box.com/f/4de9506716574982b9088ebac95985cb

Commingling of technical and financial information or failure to submit the two volumes separately, or as instructed, may result in the proposal being deemed non-acceptable.

https://umd.app.box.com/f/4de9506716574982b9088ebac95985cb

Submittals deemed non-acceptable will be rejected. The volumes, which contain the offer to be considered, must be clearly identified as the RFP #158554 - Contractor Name, Technical Volume and RFP # 158554 - Contractor Name, Financial Volume.

NOTE: PROPOSALS SUBMITTED THROUGH MEANS OTHER THAN IDENTIFIED WILL NOT BE

ACCEPTED.

2.6 Due Date

Proposals must arrive at the location identified in Section 2.4 of this document on or before Thursday, October 3, 2024 at 3 P.M. EDT as applicable, in the designated format.

Depending upon the subject matter of the RFP, Contractors may be required to submit hard copy proposals. In these instances, Contractors are to allow sufficient time for delivery to ensure timely receipt by the Issuing Office.

Proposals, amendments to proposals, or requests for withdrawal of proposals arriving after the closing time and date shall not be considered.

There shall be no public opening of the proposals. The names of Contractors will not be released until after award.

2.7 Treatment of Late Proposals

Any proposal, request for withdrawal, or modification of a proposal including a Best and Final Offer (BAFO) that is not received at the designated location at the designated due date and time will be considered late and will be rejected as non-acceptable. Delivery of the proposal to the specified location by the prescribed date and time is the sole responsibility of the Contractor. Exceptions may be authorized, at the sole discretion of the Procurement Officer, when the reason for the late proposal, late request for withdrawal, late modification of a proposal or BAFO is due to the action or inaction of the University. A record of the late proposal, request for withdrawal, modification of a proposal or BAFO will be retained in the appropriate procurement file.

2.8 Duration of Proposal Offer

Proposals will be valid for a minimum of 120 days following the closing date of this RFP. If an award is not made during that period, the proposal will automatically extend for another 120 days, unless the Contractor gives specific written notice to the Procurement Officer at least 15 days before the expiration of the then current 120 day period. Proposals will automatically renew for an additional 120 days until such time as an award is made or proper written notice is given to the University of Contractor's intent to withdraw its proposal. By submission of a proposal, Contractor guarantees that its offer shall be firm for the period specified in this clause.

2.9 Alternate Proposals

Alternate proposals shall not be allowed or accepted, nor will they be considered, for this solicitation.

2.10 Economy of Preparation

Each proposal is to be prepared simply and economically, providing a straightforward, concise description of the Contractor's offer and capabilities to satisfy the requirements of this RFP.

Emphasis is to be placed on clarity of content and providing a complete response.

2.11 Unable to Propose

If Contractor is unable or unwilling to submit a proposal in response to the requirements, Contractor must indicate this in writing to the Procurement Officer on or before the proposal due date. Electronic mail is an acceptable delivery method for submittal of the Contractor’s inability to submit a proposal. UMD requests that Contractors who are unable to respond include a brief explanation of the rationale for non-submission of a proposal.

2.12 Public Information Act Notice

Contractors are required to specifically identify those portions of their proposals that they deem to contain confidential, proprietary information, or trade secrets. The Contractor is further required to provide specific justification, with respect to each separate portion identified, as to why the materials, upon request, should not be disclosed by the State under the Access to Public Records Act, State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.

For claims of confidentiality to be considered, Contractors must clearly identify and provide individual justification for each and every section that is claimed to contain confidential, proprietary information or trade secrets. It is not sufficient to preface your proposal with a proprietary statement, or to use a page header or footer that arbitrarily marks some or all pages as confidential. General claims of confidentiality or similar blanket designations will not be accepted and may result in a proposal being deemed non-acceptable, at the discretion of the Procurement Officer.

2.13 Two Volume Proposal

The selection procedure for this procurement requires an independent evaluation of the technical and financial proposals. This separation allows for evaluation of technical proposals, on a “go/no-go” or “pass/fail” decisional rule based on meeting the technical specifications and business requirements. Consequently, Contractor is required to submit its proposal in two separately sealed volumes as indicated in Section 2.4.

2.14 Cancellation of the RFP

The University may cancel this RFP, in whole or in part, or reject any or all proposals submitted in response to the RFP when such action is determined to be fiscally advantageous to the University and/or the State or otherwise in the best interest of the University and/or the State.

2.15 Solicitation, Proposal, Acceptance, Award and Discussions

2.15.1 Executive Management Summary

The Contractor’s response is to contain an Executive/Management Summary. This section of the Contractor’s offer is to contain a brief synopsis of how the Contractor's proposal meets the needs of the University.

2.15.2 Technical Proposal

Contractors are expected to read the specifications, requirements, and qualifications very carefully and to submit questions, in writing, by the due date for questions. Misinterpretation of specifications, requirements, or qualifications by the Contractor do not relieve the Contractor of responsibility to accurately address these components of this RFP or to perform the contract, if awarded.

The information/items specified as Specifications, Requirements, and/or Qualifications must be addressed in the technical proposal. The proposal must expressly indicate that it satisfies each point of the RFP Requirements, Specifications and/or Qualifications referenced in Section 4. Simple YES or NO responses to stated requirements are insufficient. The Contractor must describe in detail how the proposed products and/or services meet or exceed the stated requirements. The Contractor must explain any exception or deviation from the requirements. In cases where the Contractor cannot or does not meet a requirement, this must be clearly stated along with the reason for not meeting the Requirement, Specification, or Qualification.

2.15.21 Technical Volume Contents

The technical volume should be prepared in a clear and concise manner with pages numbered. The technical volume shall not contain any price information. If such is included in the technical volume, it may not be evaluated by the financial evaluation committee. Volume I must contain the following sections:

2.15.22 The Technical Proposal

Contractors are urged to read the specifications very carefully and to submit their questions, in writing, by the due date for questions. Misinterpretation of specifications by the Contractor shall not relieve the Contractor of responsibility to accurately address the requirements of this RFP or to perform the contract, if awarded.

The information/items specified herein must be addressed in the technical proposal. The proposal must expressly indicate that it satisfies each point of the RFP requirements and specifications, reference Section C. Simple YES or NO responses to stated requirements are insufficient. Rather, the Contractor must describe in detail how the proposed products and/or services meet or exceed the stated requirements. Additionally, the Contractor must explain any exception or deviation from the requirements.

Proposals must be:

(1) submitted in the format set forth herein,

(2) made in the official name of the firm or individual under which Contractor's business is conducted (including the official business address),

(3) signed by a person duly authorized to commit Contractor to the bid,

(4) submitted in files clearly named with the assigned RFP number, proposal type, and Company’s name

(5) separated into independent Technical and Financial Proposal Volumes

(6) addressed to the Procurement Officer identified in Section A-1, Item 9 and sent to the address shown in Section A-1, Item 7.

(7) The Contractor’s Technical Proposal shall include the following documents:

• The Solicitation / Contract Form and must complete Items 11, 12, 13, 14, 15, 16 and 17 of (Section A-1) of this document and include ONE signed original as part of Contractor's Technical proposal, in the original Technical Volume. Failure to submit this signed documents may cause the Contractor’s proposal to be rejected, at the sole discretion of the University.

• Completed Section 5

(8) FEDERALLY-FUNDED AFFIDAVIT

Not Applicable to this Procurement

The Contractor must submit one (1) electronic copy of the technical volume.

The University may make a final determination regarding a proposal’s acceptability solely on the basis of the proposal as submitted.

2.15.3 Financial Volume

This volume consists of and must contain the offered pricing information in the format required by the University. Contractors are not to include any technical information or specifications in the financial volume. Inclusion of technical requirements in the Financial Volume, unless technical details are necessary to provide pricing clarity, may result in in disqualification of the Contractor’s response particularly if said technical details are not included in the Technical Volume.

2.15.31 The Financial Proposal

This volume consists of and must contain the following items. Contractors shall not include any technical information or specifications in the financial volume. If such are included in the financial volume, they may not be evaluated by the technical evaluation committee.

2.15.32 Pricing Section

The Contractor is required to use the provided pricing submittal documents as included.

2.15.4 Best and Final Offers

The University reserves the right to request best and final offers (BAFO) following evaluation of technical and pricing proposals. Contractors must submit BAFO pricing information in the format required, on or before the date and time indicated on the BAFO request, and using the means of submission indicated by the Procurement Officer.

b. FINANCIAL VIABILITY The University reserves the right to require, during proposal evaluation, that the Contractor provide a copy of its most current Annual Report or audited Statement of Financial Condition to include a Balance Sheet, Income Statement and Cash Flow Statement or other acceptable financial information. These documents may be relied on in any determination regarding Contractor financial responsibility.

c. MINORITY BUSINESS ENTERPRISE (MBE) PARTICIPATION Minority Business Enterprises are encouraged to respond to this solicitation.

2.15.5 Exhibit 1, Solicitation/Contract Form

Contractors must complete Exhibit 1, Section A-1, Solicitation/Contract Form Offer Section as part of the Technical Volume. Failure to submit this document, signed by a person duly authorized to commit Contractor to the proposal may cause the Contractor’s proposal to be rejected, at the sole discretion of the University.

SECTION 3

Evaluation, Award, Contract Formation, Debriefing of Unsuccessful Proposers, Protests and Claims, Contract Implementation Meeting

3.1 Evaluation Method

3.1.1 The University intends to make an award to one (1) offeror based on qualifications as provided in their proposal. In order to be considered technically acceptable, Contractors must meet all technical specifications and business requirements as delineated in this solicitation. Only those Contractors meeting the technical specifications and business requirements (supplier qualifications, including financial viability) will be considered in the Financial evaluation stage.

The selection procedure for this procurement requires an independent evaluation of the technical proposal. Only those firms that pass the technical evaluation will be proceed to the pricing phase.

3.1.2 Technical Evaluation

3.1.2.1 Evaluation Committees

The Procurement Officer shall establish separate technical and financial evaluation committees to review and rate the proposals. The financial evaluation committee may be composed of the Procurement Officer and any other individuals appointed by the Procurement Officer. The technical evaluation committee shall be composed of other individuals appointed by the Procurement Officer.

The University will award one contract resulting from this solicitation to the responsible offeror(s) whose offer conforms to the solicitation and is determined to be among those rated technically acceptable and ranked highest for technical and pricing to the University.

Recommended contract awards, if any, resulting from this RFP, may be subject to State and University approvals.

Contractors are expected to read the specifications, requirements, and qualifications very carefully and to submit questions, in writing, by the due date for questions.

Misinterpretation of specifications, requirements, or qualifications by the Contractor do not relieve the Contractor of responsibility to accurately address these components of this RFP or to perform the contract, if awarded.

The information/items specified as Specifications, Requirements, and/or Qualifications must be addressed in the technical proposal. The proposal must expressly indicate that it satisfies each point of the RFP Requirements, Specifications and/or Qualifications referenced in Section 4. Simple “YES” or “NO” responses to stated requirements are insufficient. The Contractor must describe in detail how the proposed services meet or exceed the stated requirements. The Offeror must explain any exception or deviation from the requirements.

In cases where the Contractor cannot or does not meet a requirement, this must be clearly stated along with the reason for not meeting the Requirement, Specification, or Qualification.

3.1.22 Acceptability of Proposals

• The Procurement Officer shall determine which contractors have met the basic requirements of the RFP

• The Procurement Officer shall have the sole authority to determine whether any deviation from the requirements of this RFP is substantial in nature

• The Procurement Officer may waive or permit to be cured minor irregularities or minor informalities in proposals that are immaterial or inconsequential in nature, whenever it is determined to be in the University’s best interest

• The Procurement Officer may reject in whole or in part any and all proposals if such is in the University’s interest, and may conduct discussions with contractors in any manner deemed necessary to best serve the interests of the University

3.1.23 Technical Evaluation

• Evaluation of technical proposals will be based on the Qualification Based Selection (QBS).

The University will utilize the Qualification Based Selection (QBS) approval to select the successful firm(s) for this project. The selection process will follow the guidelines established in USM’s Procurement Policies and Procedures (USM-PP-P – Revised dated July 1, 2016).

Under this approach, a qualification Committee (QC) reviews the technical proposals from the firm(s). After review of the technical proposals and interviews (if required, the QC establishes a ranking of the technically acceptable teams. The University reserves the right to request clarifying information for any and all Proposers at the time during the evaluation process.

• Only those Contractors meeting the technical specifications and business requirements will be considered for financial evaluation.

• The Technical Evaluation Committee may request site visits for the purpose of evaluating proposals and/or Contractor's responsibility. The Committee may request additional technical assistance from any source. Industry standard references may be used during the evaluation process.

3.1.24 Evaluation Criteria

Failure to include any of the information required under the headings “Key Personnel,” “Experience and Past Performance,” “References,” and “Economic Benefit to Maryland” may render a proposal unacceptable. Criteria are listed in the order of importance. Proposer shall describe in detail and provide evidence supporting the qualifications below. Technical proposals shall be compiled in the order listed below.

The following minimum technical requirements must be met for the Contractor proposal to be considered technically acceptable:

1. Qualifications of Personnel - (including key personnel, if applicable) in comparison with the minimum requirements and qualifications articulated in Section 4.

2. Past Performance - Demonstrated experience of the proposed personnel on projects of similar size and complexity. Responses that provide all the information requested. Personnel who have a track record with the current company.

3. References - Contractors must provide references. Cited references must be able to confirm, without reservation, the Contractor's ability to perform as mandated in this solicitation.

4. Clarity of Proposal - The Contractor’s response will be evaluated based on clarity and conciseness of their response with how their proposed solution satisfies each of the criteria specified in Section 4.

5. Economic Benefit- Proposals will be evaluated per to assess the benefit(s) to Maryland’s economy specifically offered

The terms "must" or "shall” and “required” are used throughout this document to indicate mandatory requirements. Contractors must meet all the requirements and specifications;

that is, that the Contractor is fully capable of delivering the items and providing the services as specified in this RFP.

3.1.3 Oral Presentations

3.1.31 At the sole discretion of the Procurement Officer, short-listed Proposers may be invited to provide an oral presentation and product demonstration. Information provided during this phase will be used to supplement the prior evaluation of the written technical proposal and the final evaluation of technical capabilities will take into account both the written technical proposal and the oral presentation/product demonstrations.

3.1.32 The University reserves the right to waive the Oral Presentation/Product Demonstration, in which case the technical evaluation will be based on the written technical proposal submittal alone. Proposers are therefore encouraged to submit the best possible proposal at each opportunity for submittal

3.1.33 The due date and time of the oral presentation/product demonstration will be determined by the University upon evaluation completion of Technical Proposals. The actual date will be verified with the applicable Proposers at the time the presentation is requested. Refer to the Solicitation Schedule for tentative dates. Proposers are advised to set these dates aside so as to avoid a conflict

3.1.34 The oral presentation will be informal, as the University is not interested in a marketing presentation, rather, it will be a casual and…